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...
Tag Archives: Public Policy
Our correspondent and colleague Alessandro Bruni offers the following update on the ever-changing state of Italian mediation. ...
Tom Stipanowich called the Delaware Court of Chancery's arbitration program "a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy." But he warned that its constitutionality was in doubt. Now the Third Circuit...
There seems to be a presumption that being a mediator implicates public policy, and that the practice of mediation needs to be somehow regulated for the public good. In my region, for example, one must demonstrate training, skills or both in order to be listed on various court-annexed mediation panels. At...
The May 2013 issue of the IBA Dispute Resolution Section's journal, Dispute Resolution International, has a concise and compelling article by Mark H. Alcott addressing "Post-Award Attacks on Arbitrators." The title speaks for itself: the author is harshly critical of challenges to arbitral impartiality that are first asserted after an...
The 18th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Prague, Czech Republic, on June 7-8, 2013. Mediators and Centers came from the U.S., Canada, Algeria, Iraq, Bahrain, Ireland, France, Czech Republic, Greece, Belgium, Italy, Netherlands, Germany, Lebanon,...
At the recent ABA Business Law Section Meeting in Washington, the Dispute Resolution Committee offered an interesting program titled "Who Gets What?" The panel discussed how one designs compensation schemes that address the needs of victims of mass disasters. Some of these events might be natural (i.e., storms) and others...