In this episode of the Arbitration Conversation Amy interviews Prof. Rick Bales of Ohio Northern School of Law on labor arbitration in the time of COVID.
(10/20/20)Kimberlee Kovach, Eric R. Galton
An interview with Kim Kovach and Eric Galton about mediation, being married to a mediator, and the future of mediation. Recorded and shared as part of the Mediation 20/20 Conference.
Promoting the Mediators Green Pledge is now the purpose of a new WoMACC site. It seems to be one way to commit to our future. I invite you to sign up to the Green Pledge and to promote it to those you know and work with.
(10/19/20)Jim Melamed, Clare Fowler, Colin Rule
Mediation 20/20 Complete Day 3 Video: (1) Envisioning Mediation for a New Generation - Where Should We Go? Technology and New Generational Expectations; and (2) Moving Forward - How Do We Get There?
(10/19/20)Craig Tevendale, Laurence Franc-Menget
The International Chamber of Commerce (ICC) has released its 2021 Arbitration Rules in draft (the 2021 Rules). This is a “soft launch” with the current text still subject to editorial changes prior to their formal release in December. The 2021 Rules will come into force on 1 January 2021.
In Grey v. Whitefish Lake First Nation, Justice Cecily Y. Strickland dismissed challenges to an arbitrator’s decision, applying correctness as the standard of review for questions of procedural fairness, including those which encompass issues of bias. Despite the appointing authority’s breach of the “clear and unambiguous” regulations for appointing the arbitrator, the breach was not raised on appeal and did not affect the procedural fairness of the arbitration.
As we expected, arbitration came up at Judge Coney Barrett’s confirmation hearings. Also as expected, she declined to explain her past decisions.
The University of Akron devised a plan to layoff/fire 100 unionized faculty members (including tenured) which the union representative challenged. The arbitrator found the Covid pandemic to be within the “force majeure” clause of the union contract.
This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.
(10/16/20)Ehsan Ali, Alnoor Maherali
Conflicts impose many concealed costs in businesses, which can compound over time and damage an organization’s bottom line. While a manager or business leader may be uninterested in the good feelings that mediation can generate, they should care about mediation as a highly effective tool for improving their organization’s conflict resolution structure - and balance sheet.
This article addresses internal and external skills for mediators to use during this time of Covid-19, to raise awareness of internal biases, and shift those biases in order to skillfully mediate for our clients.
This article discusses "Raising Traditional Mediation - Becoming an Invisible Mediator."
It seems that sometimes when we begin to have an argument with someone the focus isn’t on moving things forward.
On September 15th, 2020 IDI, the International Distribution Institute organized a webinar focused on possible solutions for re-starting distribution and retail/franchising relationships which have suffered difficulties during lock- down, and which are still suffering difficulties in order to adapt to the restrictive measures imposed by the COVID pandemic.
(10/16/20)Gary Birnberg, Ranse Howell
This article discusses new opportunities for cross-border mediation, collaboration and dialogue.
In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.
Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic.
Before the pandemic, losing your internet connectivity was frustrating; now, losing connectivity can truly be detrimental to your health and safety. This article proposes a new model for redress where independent ombudspersons help consumers get fair redress for lost connections, enabling equitable outcomes and leveling the playing field.
This PDF presentation from Mediate.com CEO Colin Rule reviews available Mediate content, resources, and services to help you develop and promote your mediation services.
The Seventh Circuit is the latest Court of Appeals to enter the fray concerning the scope of application of 28 U.S.C. §1782(a), finding additional reasons to hold that a foreign or international commercial arbitration is not a “foreign or international tribunal” for purposes of the statute and hence not entitled to its benefits.
Joining the Second and Fifth Circuits, the Seventh Circuit holds that 28 USC Section 1782 does not provide for discovery in aid of private, foreign, commercial arbitration. And the District of Delaware follows suit for the second time.
In Caron v. 7834101 Canada Inc. (Triviom à Charlemagne), Justice Stéphane Lacoste severed a portion of an agreement to arbitrate which violated the rule against places one party in a privileged position with respect to the designation of the arbitrator. But rather than declare null the entire agreement to arbitrate, Lacoste J. struck the provision, likening the relief to the “blue-pencil” severance explained and applied in Shafron v. KRG Insurance Brokers (Western) Inc.
(10/13/20)Clare Fowler, Jim Melamed, Colin Rule
Mediation 20/20 Day 2 Video: The current state of the field: obstacles and opportunities.
(10/13/20)Kenneth Cloke, Joan Goldsmith
An interview with Joan Goldsmith and Ken Cloke about mediation, being married to a mediator, and the future of mediation. Recorded and shared as part of the Mediation 20/20 Conference.
This article discusses the case of Gustave v. SBE ENT Holdings, LLC., where the US District Court for the Southern District of Florida detailed the requirements for an enforceable employee arbitration agreement.
Two recent awards involve questions concerning the existence or impact of the Coronavirus as a force majeure event, potentially excusing claimed violation of the parties' agreements.
(10/09/20)Alnoor Maherali, Ehsan Ali
To come together, sometimes we need time apart.
This paper summarizes legal and ethical reasons for accessible meditations and provides a summary of how to accomplish this goal.
(10/09/20)Shreya Sukhtankar, Jay Kakani
International mediation has become one of the most significant methods of managing cross-border conflicts. In this article, the authors have traced the emergence of mediation in international relations over the years.
(10/09/20)Ved Thakur, Yash More
Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.
Fight, Flight, Freeze—that what neurobiologists say are our ancestral (and current) unconscious response choices in a threatening or conflict situation.
Some of us are in a conflict; we “…are motivated more by a desire to appear moral than to actually be moral.”
As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.
Learning to mediate has been likened to learning to speak another language. Personally, I think it’s more difficult than that.
In Hunt’s Transport Limited v. Eagle Street Industrial GP Inc., Justice David A. Broad refused to exercise his discretion to grant a commercial tenant relief from forfeiture given the tenant’s refusal to abide by its obligation to continue performance during arbitration of its disputes with the landlord.
In Hannam v. Medicine Hat School District, Alberta’s Court of Appeal assessed the practical significance of its earlier five-judge panel decision in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, which considered the benefits of summary judgment. In doing so, the majority and dissent both commented on the promised benefits of arbitration in contrast to court litigation, and this article highlights the relevant passages to illustrate those contemporary comments.
(10/07/20)Cliff Shapiro, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Arbitrator Clifford Shapiro, partner and head of the Construction Law Practice Group at Barnes & Thornberg in Chicago, about construction arbitration.
(10/06/20)John Helie, Jim Melamed, Colin Rule
This video, developed by new Mediate.com CEO, Colin Rule, recounts the founding of Mediate.com, now more than 25 years ago by John Helie and Jim Melamed.
(10/06/20)Jim Melamed, Clare Fowler, Colin Rule
Mediation 20/20 Complete Day 1 Video - What Have We Achieved? How Did We Get Where We Are? Welcome and Celebration with Jim Melamed and John Helie plus panel.
Imagine my surprise years ago when I went through North Carolina family financial mediation training and I learned that the norm for mediating a couple going through divorce was shuttle mediation.
Since a very high percentage of employment claims are resolved through mediation, skilled advocates should work with their clients to carefully plan and make strategic moves throughout the early, middle and late phases of the mediation process to achieve successful results and durable settlement agreements.
When we become embroiled in an interpersonal conflict it’s common that we easily lose track of what’s important to us.
Understanding fault lines and property lines can help us resolve conflicts.
Online Yom Kippur discussed was the impermanence of life.
In Servotronics Inc. v. Rolls-Royce PLC, the Seventh Circuit joined the Second and Fifth Circuits in holding that arbitrators sitting in private commercial disputes do not qualify as “foreign or international tribunals” under 28 USC Section 1782. In reaching this result, the Court offered an interesting justification for limiting the statute’s application, which is that extending it to private foreign arbitrations would create a conflict with the Federal Arbitration Act.
As expected, President Trump on September 26 nominated Judge Amy Coney Barrett of the Seventh Circuit to fill the open seat at the Supreme Court resulting from the passing of Justice Ruth Bader Ginsburg and this article focuses on the nominee’s views on arbitration based on past decisions.
(10/02/20)Ronald S. Kraybill
What can a facilitator do with an extremely persistent person, who refuses to stop interrupting others in mediating or facilitating?
(10/02/20)Sandeep Bhalothia, Nisshant Laroia
This article will provide a brief overview of the current status of Online Dispute Resolution (ODR) in India by examining the opportunity and challenges the ODR brings and faces receptively in India.
(10/02/20)Colin Rule, Jim Melamed, Clare Fowler
Mediate.com recently completed a survey of 300 dispute resolution professionals.
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Stanley Leonard Rodbell, 86, of Columbia, Maryland, died July 29, 2020. During the latter 30 years of his career, he turned his attention to social work and counseling, providing mediation services, concentrating on divorce mediation.