Tag Archives: Public Policy

Arbitration|Conflict Resolution|Europe|Mediation

France: Current State of Arbitration and Mediation

Arbitration|Conflict Resolution|Europe|Mediation

France: Current State of Arbitration and Mediation

I recently finished another semester teaching International Commercial Dispute Resolution at New York Law School, and once more was reminded of how much one learns when one teaches.  The final papers in the course were very good, and I have chosen a few to share, with the permission of the...

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Courts|Mediation

Violate Mediation Confidentiality? Case Dismissed!

Courts|Mediation

Violate Mediation Confidentiality? Case Dismissed!

J. Michael Hand didn't like the Walnut Valley Sailing Club's storage shed.  A member of the club, though not disabled himself, Mr. Hand thought the structure didn't comply with the accessibility requirements of the Americans with Disabilities Act.  So he sued. The Walnut Valley Sailing Club didn't like being sued, and...

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Ethics|United States

New Apps! New Tech! New Ethics?

Ethics|United States

New Apps! New Tech! New Ethics?

An attorney keeps her client files on the hard drive of her laptop.  These files include confidential and sensitive client information, and attorney-client communications.  Leaving a dentist appointment, she discovers that her car's windows have been smashed and that the property inside the car -- including her GPS and her laptop -- have been...

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Courts|Mediation

Court-Mandated Mediation: Perspectives from Europe, Australia and America

Courts|Mediation

Court-Mandated Mediation: Perspectives from Europe, Australia and America

The 16th meeting of the World Mediation Forum of the UIA was held in Lisbon, Portugal, on January 27-28, 2012.  It was very well attended; Co-President Colin Wall noted that attendees came from 31 countries. A panel on mandatory mediation brought out some interesting recent developments, including a game-changer in Italy.  ...

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Europe|Mediation

Mediation in Italy – Update

Europe|Mediation

Mediation in Italy – Update

The mediation scene in Italy sometimes seems like the upper balcony at La Scala:  Lots of opinions snd shouting but uncertain direction or authority.  Happily, Italy is graced with some real mediation leadership, some of whom are young, enegetic, persistent, articulate and smart.  One such is Alessandro Bruni. Alessandro has recently...

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Employment|International

Multiculturism, and a Critique of Pure Tolerance

Employment|International

Multiculturism, and a Critique of Pure Tolerance

At the IBA in Dubai last week, a three-hour session was held on "The Rise of Multiculturalism and Resulting Challenges of Managing Diversity in the Workplace."  While the subjects discussed were fascinating, the subjects not discussed might have been even more so.  ...

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Courts|Mediation

Attorney Disqualification: Mediation

Courts|Mediation

Attorney Disqualification: Mediation

A recent U.S. District Court opinion has tested the ethical rules barring mediators from representing a party in a subsequent matter that is "identical" or "substantially related" to the mediated matter.  It found that, at least in the case before the court, that test had not been satisfied and the...

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