Conflict Resolution

Mediator as Witness: Just When You Thought It Was Safe….

Conflict Resolution

Mediator as Witness: Just When You Thought It Was Safe….

John Richardson, that worthy and thoughtful New York mediator, has brought to our attention a decision by Hon. Mr. Justice Ramsey of the Royal Courts of Justice in England that seems to render unenforceable the commonplace contractual provisions immunizing mediators from testifying as to the conduct of the mediation....

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International|Mediation

Important Development in Chinese Business Mediation

International|Mediation

Important Development in Chinese Business Mediation

On July 24, 2009, the Chinese Supreme People's Court issued Several Opinions on Establishing and Improving of a Dispute Resolution System and the Linking of Litigation and Alternative Dispute Resolution Mechanism.  Thanks to Andrew Aglionby and his stalwart crew at Baker & McKenzie's China office, we have a translation of this...

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Conflict Resolution|systems design

The Secretary and the Professor

Conflict Resolution|systems design

The Secretary and the Professor

(Scene:  White Horse Tavern, Hudson Street and 11th Avenue in the Village in New York City.  Roger Fisher is having a beer with Alexander Hamilton, who is nursing a brandy.)  Roger Fisher:  Hamilton, I’ve been thinking….  Alexander Hamilton:  That does not surprise me.  You are after all a Professor. ...

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Conflict Resolution|International|Mediation

A Good Video for Cross-Border Mediation

Conflict Resolution|International|Mediation

A Good Video for Cross-Border Mediation

Last year I had occasion to show a mediation video to a group of senior claims executives of European insurance companies who had assembled in Zurich.  They loved it, and I was reminded just how powerful this video is to introduce the process of cross-border, cross-cultural interest-based facilitated negotiation to business...

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Mediation|systems design

ADR and Franchising: A Marriage Made at the Bank

Mediation|systems design

ADR and Franchising: A Marriage Made at the Bank

If ever there were a "poster child" for commercial dispute resolution on the basis of shared interest, it is in the ongoing relationship between franchisors and franchisees.  The franchisor makes money only if the franchisee sells, and the franchisee sells only if the franchisor supports.  What better example of the mutual benefits...

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Conflict Resolution|Ethics|Mediation

Collaborative Law Struggles Bravely

Conflict Resolution|Ethics|Mediation

Collaborative Law Struggles Bravely

I first came upon the term "Collaborative Law" in 2006 when I met David Hoffman of Boston Law Collaborative.  David is a remarkable guy and could sell ice to an Eskimo if he thought the ice would be a benefit.  As concerns collaborative law, David is tireless in his advocacy,...

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