Tag Archives: Mediation

Conflict Resolution|Ethics|Mediation|Teaching

Licensing Mediators — ABA DR IV

Conflict Resolution|Ethics|Mediation|Teaching

Licensing Mediators — ABA DR IV

At the Miami ABA Dispute Resolution Conference, James Coban, Janice Fletcher, Art Hinshaw and Susan Yates addressed the provocative topic, “Cosmetologists Are Licensed, Why Aren’t Mediators?” Ms. Yates, of Resolution Systems Institute, clarified some terms of art for the sake of the discussion.  “Credentialing” is the big umbrella, the widest term. ...

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Ethics|Mediation

Moral Aspects of Mediation — ABA DR III

Ethics|Mediation

Moral Aspects of Mediation — ABA DR III

David Hoffman from the Boston Law Collaborative offered a program at the ABA Dispute Resolution Section Spring Meeting on “Mediator as Moral Witness: Right and Wrong.”  The question presented was: What happens when moral issues arise in the course of a mediation?  And, according to Hoffman, they always do. ...

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Conflict Resolution|Courts|Mediation|Negotiation|systems design

Imagining the Perfect Environment for Mediation

Conflict Resolution|Courts|Mediation|Negotiation|systems design

Imagining the Perfect Environment for Mediation

THE EXERCISE:  Imagine a market with fully successful commercial mediation.  (Its success is measured by the breadth of take-up by commercial disputants and the infrequency of litigated cases involving business disputes.)  What are its attributes?  What conditions gave rise to this broadly-accepted use of mediation as a day-to-day method of...

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Conflict Resolution|Mediation

Energy Sector Mediation

Conflict Resolution|Mediation

Energy Sector Mediation

While meeting in Houston, how can mediators not assemble a program on “Energy Mediation in the Energy Capital”?  Pierre-Jerome Abric, General Counsel Litigation to the French company AREVA, moderated a panel including Murray Fogler, a trial lawyer in Houston; Dick Watt, an attorney/mediator from Houston; and Raymond Albericht, Vice President,...

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Ethics|Mediation

International Views of Mediator Ethics

Ethics|Mediation

International Views of Mediator Ethics

In Houston, UIA World Mediation Forum Co-President Thierry Garby moderated a panel on mediator ethics.  Speakers included Claude Amar, President of the French Academy of Mediators; Trey Bergman of Houston; Jim Lawrence of the University of Houston Law Center; and Patrick van Leynseele of Dal & Veldekens, Brussels....

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Courts|Mediation|systems design

Mandatory Mediation Initiative at the Bankruptcy Court for the District of New Jersey

Courts|Mediation|systems design

Mandatory Mediation Initiative at the Bankruptcy Court for the District of New Jersey

At a recent meeting of the Dispute Resolution Committee of the ABA Business Law Section, a new mandatory mediation initiative was presented that may be unique in scale in structure. Judge Michael Kaplan of the US Bankruptcy Court for the District of New Jersey explained the program, along with consultants Suzanne...

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Arbitration|Conflict Resolution|Mediation|United States

ADR Regulation Proposals Before the US Congress

Arbitration|Conflict Resolution|Mediation|United States

ADR Regulation Proposals Before the US Congress

At a recent meeting of the Council of the ABA Dispute Resolution Section, R. Larson Frisby of the ABA Governmental Affairs Office gave a very useful summary of certain legislation currently before Congress that could have an impact on arbitration, mediation and other forms of ADR in the U.S.  With...

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