Neither negotiation pundits nor political commentators seem very quick to pick up on an obvious fact of life: That, as negotiations continue, the underlying objective of the parties may change, and their interest may morph. ...
We have noted in various prior posts the confusion that has marked the introduction of commercial mediation in Italy. Not long ago all Italian lawyers went on strike to protest the provision that parties could settle claims without the participation of counsel. Recently we have heard about the ramifications of...
Efforts to challenge the enforceability of settlements that are obtained through mediation almost always yield uncomfortable outcomes. A recent New Jersey Appellate Division decision is no exception....
The 17th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Zagreb, Croatia, on October 5-6, 2012. Mediators and Centers came from the U.S., Spain, Italy, India, Canada, Croatia, France, Netherlands, Czech Republic, Lebanon, Russia, the U.K., Slovenia, Germany,...
GE Oil & Gas attorney Michael McIlwrath has brought our attention to the recently released 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process. This study, conducted by the School of International Arbitration at Queen Mary, University of London, and the firm of White & Case LLP,...
We recently noted an opinion in the District Court for the Southern District on New York, protecting the integrity of the arbitration process by sanctioning a party that had sought to vacate an arbitration award with no grounds whatsoever, except a desire to delay its effect. Recently the Second Circuit...
Our Italian readers may wish to know that Concilia LLC, the all-purpose ADR firm in Vicenza, will be holding a training session on 12 October conducted by William Ury, author of The Power of a Positive No and co-Author of Getting to Yes. Information and booking are available...