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...
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...
The third and final part of the morning-long Commercial Finance and Dispute Resolution Symposium at the recent ABA Business Law Section Annual Meeting was a discussion, among audience and experts, of some hypotheticals implicating the obligations of attorneys who negotiate dispute resolution clauses and who represent clients in ADR procedures. The...
Andrew Olejnik of Jenner & Block and Olivier André of the CPR Institute have co-authored an article that appears in Bankruptcy Law Reporter on the growing use of ADR tools in bankruptcy. Dating the trend from a 2009 conference convened by the American Bankruptcy Institute Law Review, the authors conclude...
Our final report from the 2014 Spring Meeting of the ABA Dispute Resolution Section addresses Ellen Waldman of Thomas Jefferson School of Law and Lola Akin Ojelabi of La Trobe University in Australia's discussion of “Mediation Ethics and Substantive Justice: A View from Rawls’ Original Position.” The question is whether mediation...
This is the first of a series of posts on panels presented at the 16th ABA Dispute Resolution Section Annual Meeting, in Miami, Florida, April 2-5, 2014. John Lande, Kurt Dettman, Phil Armstrong and Deborah Masucci gave a panel on early planned dispute resolution. The goal of the integrated approach is...
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...