As recently as 1995, the Supreme Court observed, in First Options of Chicago v. Kaplan, that arbitration was a creature of contract: "[A] party who has not agreed to arbitrate will normally have a right to a court's decision about the merits of its dispute." Yet what constitutes an agreement to...
The October 2014 issue of Dispute Resolution International (the journal of the Dispute Resolution Section of the IBA) features an excellent article by Chicago mediator/arbitrator/attorney Paul Lurie and Swiss/Israeli mediator/attorney Jeremy Lack on "Guided Choice Dispute Resolution Processes: Reducing the Time and Expense to Settlement." As the title suggests, the logic...
On Wednesday October 22, 12:50 - 2:15 pm, New York Law School's ADR Program is offering a reprise of a very successful panel from last April's ABA Business Law Section meeting in Los Angeles: "Calling All Deal Lawyers: Why Transactional Attorneys Should Get Involved in Dispute Resolution." The program features James Freund, Mediator...
Mediation in Italy has for many years seemed like teenage sex -- more people talk about it than actually do it, and those who do it, do it poorly. And it has also been a target for humor, compassion, anti-lawyer spleen-venting, and constitutional mish-mash. It seems that every few months there...
Christian Fabian of Mayer Brown made a valuable contribution to a discussion at the ABA Business Law Section last month on collaborative legal practices in merger, dissolution and other business contexts. Click here for a posting on that excellent panel. He has recently written an excellent article titled "Breaking Up is...