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Linda Michler

ADR Professionals as Both Mediators and Arbitrators in the Same Matter

(1/15/21)Linda Michler

This article describes the virtues and pitfalls of a neutral party serving as both the mediator and as the arbitrator in the same matter, where the disputing parties have adopted a two-step Med-Arb or an Arb-Med process.

Gregorio Billikopf

Non-directive Empathic Listening

(1/15/21)Gregorio Billikopf

In this paper I will share how I found out that the listening approach I have used for almost two decades was completely unique--based on a happy misunderstanding.

Cinnie Noble

Being Unafraid to Feel

(1/15/21)Cinnie Noble

When we feel emotional about a conflict – hurt, anger, betrayal, disappointment, and so on – it is a clear sign that something important to us is being challenged or threatened or undermined.

Temitope Akande

Love’s New Mediation Data: Whither the Joint Session?

(1/15/21)Temitope Akande

Mediation, Love says, “is the last bastion,” with mediators trained to promote dialogue.

Denise French

Divorce Noise

(1/15/21)Denise French

It’s so normal for us to ask questions and want information from those who have already been through this overwhelming time in our lives.

Colin Rule

Book Review: The Art of Roleplay and Dispute Resolution Training

(1/15/21)Colin Rule

Role plays are one of the most common tools used by mediation trainers. In his new book, Marc Bhalla takes a deeper look at how to use role plays effectively and shares some of his tested and effective scenarios.

Scott Levin

The End Game

(1/15/21)Scott Levin

Deciding to divorce is likely going to be the biggest decision of your life, bigger than even deciding to get married in the first place, and how you choose to proceed will make all the difference.

Michael Leathes

A Negotiation Innovation: An intelligent negotiation assistant

(1/14/21)Veronique Fraser, Barney Jordaan, Michael Leathes

I am sitting in a room, negotiating a sale, and I’m thinking: Which is likely to be more favorable to me: put a figure on the table, or insist the Other does so first?

Amy Schmitz

Arbitration in the Age of Covid: Examining Arbitration's Move Online

(1/14/21)Amy Schmitz

This article discusses how recent jurisprudence and institutional promulgations may impact Online Arbitration ('OArb'), and offers considerations for courts, policymakers, and practitioners shepherding OArb development.

Nicholas Peacock

2020 Survey of TMT Sector Investor-State Arbitration

(1/13/21)Nicholas Peacock, Aaron White, Peter Chen

This article aims to consider any new trends in the Technology, media, and telecommunications (“TMT”) area, and to offer some thoughts on the potential implications for investors and states.

Michael Polkinghorne

New 2021 ICC Arbitration Rules

(1/12/21)Michael Polkinghorne, Andrew de Lotbinière McDougall, Morgane Guyonnet

As it continues to enjoy record caseloads during the COVID-19 pandemic, the International Court of Arbitration of the International Chamber of Commerce sets out its vision for the future of dispute resolution with newly updated arbitration rules.

Amy Schmitz

Arbitration Tips-N-Tools (TNT): Round 2

(1/11/21)Amy Schmitz, Theo Cheng, Daniel Urbas, George Friedman, DeAndra Roaché

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about planning and executing a preliminary arbitration hearing, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

George Friedman

FINRA DRS Postpones In-Person Hearings through Beginning of April

(1/11/21)George Friedman

FINRA’s Office of Dispute Resolution Services (“DRS”) has again administratively postponed all in-person arbitration and mediation hearings.

Frank Hamilton

Best 10 Books About Mediation Ever Written

(1/08/21)Frank Hamilton

The difference in opinions, beliefs, views, values, and desires, plus the need to establish supremacy of one over the others often causes conflicts to arise in different situations.

Tracy Allen

Pandemic Pivot - ADR Poised for Prominence During Recovery

(1/08/21)Tracy Allen

Never have we been more needed, and never have we needed to be more flexible.

Anwar Kashif Mumtaz

Landscape of Dispute Resolution

(1/08/21)Anwar Kashif Mumtaz

When you hear about the word landscape of dispute resolution, the first thing that comes to the mind of the people is litigation before a court of competent jurisdiction. However, the parties need to be made aware that the landscape of dispute resolution is wider. It includes along with litigation, arbitration and mediation.

Charles Crumpton

Egalitarian Change – Our Roles and Responsibilites

(1/08/21)Charles Crumpton

“Never let a good crisis go to waste” – Alistair McIntosh

George Siedel

5 Zoom Lessons for Leaders

(1/08/21)George Siedel

During the pandemic, business leaders can learn from educators about overcoming the communication challenges that video conferencing platforms present.

Pamela Bookman

Introducing Arbitral Courts—Part Arbitration, Part Court

(1/08/21)Pamela Bookman

In recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes, which are hybrids between courts and arbitration, or “arbitral courts.”

Kenneth Cloke

10 Actions We Can Take to Turn Adversarial, Autocratic, Power-Based Political Conflicts into Collaborative, Democratic, Interest-Based Social Problem Solving

(1/08/21)Kenneth Cloke

Because democracy is open, it is vulnerable to demagogues and autocrats; yet because it is open, it is also resilient, able to learn and improve, and responsive to popular wisdom.

Ronald S. Kraybill

How to AVOID Conflict Gracefully

(1/08/21)Ronald S. Kraybill

If you’re good at selective conflict avoidance, you will have a greater sense of order and control in your life.

Kathleen Kauth

Authenticity in Conflict

(1/08/21)Kathleen Kauth

Many times in tense situations there is a strong desire to minimize the conflict.

[PODCAST] Reflecting on Nine Months of Virtual ADR

(1/08/21)Adrienne Publicover

A special podcast from JAMS featuring neutrals Adrienne Publicover and David Ross on their experiences and lessons learned since shifting to virtual mediations.

Daniel Urbas

Canada – Mediator Appointed as Arbitrator for Disputes Involving Settlement Negotiated During Later Arbitration

(1/08/21)Daniel Urbas

In the Corporation of the Township of South Stormont v. The Kraft Heinz Company following an unsuccessful mediation phase regarding disputes under a 2011 agreement, the parties engaged in arbitration during which they negotiated a 2017 settlement and agreed to arbitrate disputes before the mediator.

Nathan Searle

Halliburton v Chubb: UK Supreme Court Clarifies Position on Arbitrators’ Duties of Impartiality and Disclosure in London-seated Arbitrations

(1/07/21)Nathan Searle, Katie Duval

In Halliburton Company v Chubb Bermuda Insurance Ltd, the UK Supreme Court dismissed Halliburton’s appeal regarding its application to remove an arbitrator for apparent bias on the facts and emphasised the importance of arbitrator impartiality in London-seated arbitrations.

Scott Lauck

Arbitrator Awards Nearly $20 Million in ‘Egregious’ Discrimination Cases

(1/07/21)Scott Lauck

An arbitrator awarded nearly $20 million to two former employees of a St. Louis-area janitorial company in what he said were some of the most egregious employment-discrimination cases he’d ever seen.

Daniel Urbas

Canada – Trial Judge and Appeal Court Rely on Litigants’ Agreement to Repurpose Arbitral Award Findings of Fact

(1/06/21)Daniel Urbas

The Court of Appeal in Sky Clean Energy Ltd. v. Economical Mutual Insurance Company noted that the litigants had agreed that findings of fact made in an arbitration award would bind the trial judge and dismissed the appellant’s claims alleging interpretative error in an insurance contract.

George Friedman

Eleventh Circuit Upholds $3 Million Sanction FINRA Award Against Morgan Stanley

(1/06/21)George Friedman

In an unpublished per curiam Opinion, the Eleventh Circuit, has affirmed unanimously a Southern District of Florida decision confirming a FINRA Award of over $3 million in sanctions against Morgan Stanley.

Frederico Singarajah

A Firmer View on Conflicts of Interest (Part 2)

(1/05/21)Frederico Singarajah

This article discusses the differences between the Brazilian and English disclosure regimes, such as there is no codified duty to disclose in England and secondly, the exclusion of the word 'independence' from the English Arbitration Act, 1996 which appears in Article 14(1) of the Brazilian Arbitration Act 1996.

Colin Rule

Let’s Make 2021 the Year of Resolutions

(1/05/21)Colin Rule

2020 was a tough year for many of us, from the pandemic to shutdowns to political chaos. Let's use the fresh start of the new year to set our sights on a more optimistic horizon.

Victoria Sahani

Arbitration Conversation No. 42: Prof. Victoria Sahani of Arizona State University

(1/05/21)Victoria Sahani, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Prof. Victoria Shannon Sahani, Associate Dean of Faculty Development and Professor of Law at the Sandra Day O’Connor College of Law at Arizona State University.

Bruce Ally

Theory vs. Reality: Where the Rubber Hits the Road

(1/05/21)Keshia Osbourne, Bruce Ally

After spending four months and 140 hours of intense theoretical study, I walked away from one of Toronto’s leading Universities with a certificate in Dispute Resolution. This was what happened when I stepped in to the real world.

Christopher Nolland

How To Screw Up a Mediation in our Brave New World

(1/04/21)Christopher Nolland

FUBAR Zoom mediation: A Field Guide for Mediators. FUBAR = Fouled Up Beyond All Recognition

Nikos Lavranos

Vodafone v. India Award: Risky Business of Retroactive Taxation

(1/04/21)Nikos Lavranos

In a recent, still unpublished award, India lost an arbitration dispute initiated by Vodafone because India had imposed a hefty tax bill of several billion dollars retroactively.

Amy Schmitz

Arbitration Tips-N-Tools (TNT): Round 1

(1/04/21)Amy Schmitz, Theo Cheng, Daniel Urbas, George Friedman, DeAndra Roaché

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about filing arbitration claims, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

F. Peter Phillips

Mediation Confidentiality in Federal Court

(1/04/21)F. Peter Phillips

As a consequence of the absence of uniform adoption of the Uniform Mediation Act, the confidentiality of mediation communications in various jurisdictions often cannot be assured.

John Lande

Ideas for Teaching Mediation and Negotiation

(1/04/21)John Lande

This article is prompted by my conversation with a really good, experienced colleague who is revising his mediation course.

Kathleen Kauth

Ultimatums in Conflict Resolution

(1/04/21)Kathleen Kauth

Empty threats in dispute resolution change nothing.

Phyllis Pollack

Personality Matters!

(1/04/21)Phyllis Pollack

This post discusses interesting ramifications of personalities, such as two individuals who are each “disagreeable” tend to get along the best.

Jonathan Rodrigues

Mediators, Time to Mend Our Nets

(1/04/21)Jonathan Rodrigues

This article examines what we should do as mediators during the pandemic.

Larry Bridgesmith

Collaboration is the Future

(1/04/21)Larry Bridgesmith

Lawyers love conflict. They thrive on it. If anyone can coexist with conflict, it’s a lawyer.

Robert Milligan

California Court of Appeal Extends the Reach of Section 16600 to Upset Arbitration Award Because of Alleged Overly Broad Confidentiality Provisions

(12/30/20)Robert Milligan, Sierra Chinn-Liu

In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an arbitration award, examining the arbitrator’s findings, and ultimately invalidating confidentiality provisions in an employment agreement under Business and Professions Code section 16600.

George Friedman

Arbitration Conversation No. 41: George Friedman, Editor-in-Chief of Securities Arbitration Alert

(12/30/20)George Friedman, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews George H. Friedman, publisher and Editor-in-Chief of the Securities Arbitration Alert and principal of George H. Friedman Consulting, LLC, providing expert advice on arbitration and mediation in general and the FINRA dispute resolution forum in particular.

Mark Mangan

'Tis the Season to Mediate or Arbitrate?

(12/29/20)Mark Mangan, Daniel Gaw

As an extraordinary year draws to a close and a brighter one (hopefully) beckons, we consider whether the compromises and sacrifices everyone has had to make to mitigate the effects of COVID-19 will inspire a greater willingness to rely on non-contentious means to resolve international commercial disputes.

Nicholas Peacock

Recent Developments in India-Related Arbitration

(12/29/20)Nicholas Peacock, Nihal Joseph

This article considers the recent Arbitration related developments in India such as the court decisions covering the limitation period for enforcement of foreign awards, the bilateral investment treaty updates, amendments to the Indian Arbitration and Conciliation Act 1996, etc.

Daniel Urbas

Canada – Protracted Costly Litigation Highlights “Perils Of Not Having A Dispute Resolution Mechanism Built Into A Contract"

(12/28/20)Daniel Urbas

In North Pacific Properties Ltd v. Bethel United Churches, Justice Anna Loparco determined that the parties to an existing contract had not entered into a binding agreement to arbitrate disagreements and therefore had lost the opportunity to engage in less costly, less protracted dispute resolution.

George Friedman

SEC Approves FINRA Chair Honoraria Increases

(12/28/20)George Friedman

FINRA’s Board of Governors in December 2019 authorized staff to submit a rule filing with the SEC increasing certain Chairperson honoraria and the SEC has now approved the proposal.

Vanessa Rose

Resolving Cognitive Conflict in the Workplace

(12/28/20)Vanessa Rose

When two people are tasked to complete a project together, they may not always agree on how to get it done.

Ronald S. Kraybill

Conflict Resolution Trainer & Gun Lover

(12/28/20)Ronald S. Kraybill

I teach Conflict Resolution. Why do I love Guns?

Kathleen Kauth

When the Cure is Worse Than the Disease: Civil liberties Under Attack

(12/28/20)Kathleen Kauth

As COVID concerns spread, conditioning from the media and celebrities talking about how everyone needed to comply with random, and often contradictory orders began to make the rounds of TV and social media.

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