Royal Dutch Shell Legal Director Peter Rees and CPR Institute President Kathy Bryan have co-authored a very good article called "How to Manage Disputes in a Flat World." Much of its appeal lies in its emphasis on management of risk rather than resolution of disputes. And its premise is compelling: Business...
The second student paper addresses negotiation in China. The author, Justin Shain, lived in China for a period. What makes this paper so appealing is the ease and authority with which various strains of the robust Chinese culture are woven into a clear and useful piece of guidance for the...
Once again I have had the privilege of teaching the excellent students at New York Law School in International Commercial Dispute Resolution, and once again it has resulted in some superb pieces of written research. Here is the work of Somya Kaushik, who will be graduating in a few weeks...
Perhaps the single least recognized, most effective strategy for managing streams of commercial disputes is early intervention. The bundle of skills implicated by this strategy include Planned Early Negotiation, Early Case Assessment, Risk Analysis, and Decision Tree Analysis. But the objective of all of these tools is the same: To place the...
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...
The New Jersey Law Journal has published -- in both hard copy and e-book formats -- the New Jersey Arbitration Handbook, written with assurance and clarity by Hon. William A. Dreier. It is the single authoritative resource for arbitration practitioners in that jurisdiction....
The Marie L. Garibaldi American Inn of Court for ADR is the first (and so far the only) Inn of Court devoted expressly to the practice of arbitration, mediation and other non-judicial means of dispute resolution. Located in New Jersey, it gathers, on a monthly basis, the upper echelon of retired and...