The facilitative/ humanistic mediator has a more ambitious goal through the process of containing the parties in a supporting common space until the adjacent door opens to reveal a path forward.
(8/13/20)Alnoor Maherali, Ehsan Ali
Cancel culture has mutated from a response to troubling behavior by otherwise inaccessible celebrities to a form of bullying against teens and youth. In the latter situation, the individual is isolated and ostracized, oftentimes without knowing why and with no way to fix the situation. Mediation is a form of conflict resolution that can help resolve these issues by communicating the concerns that caused the ‘cancelling’ and addressing them constructively.
This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question.
(8/13/20)Pragya Sharma & Muskan Yadav
This article follows the history of mediation and how that foundation relates to its current state.
My friend and colleague, Daniel Weinstein, said it best when he observed, "In a world in which less than 1% of cases end in verdicts, it is surprising that lawyers prepare elaborately for a trial that will never occur, yet feel that the only preparation required for
mediation is a good night’s sleep."
(8/12/20)Jo Delaney, Charlotte Hendriks
The dispute resolution clause in contracts is often called the 'midnight clause', as it is commonly reviewed at the 11th hour of the contract negotiations. Consequently, many dispute resolution clauses, especially arbitration clauses, are given insufficient consideration.
In this episode of the Arbitration Conversation Amy interviews Prof. Christopher R. Drahozal of the University of Kansas School of Law on the upcoming case Henry Schein, Inc. v. Archer & White Sales.
The Seventh Circuit recently ruled that Grubhub Inc. drivers must arbitrate their overtime claims instead of litigating them in the courts.
Parties are wise to plan ahead and build arbitration into their smart contracts, in order to have a dispute resolution plan should smart contracts go awry. Indeed, users of smart contracts may want to build arbitration into their code to promote efficiency, protect privacy and ensure an expert decisionmaker.
Learn about a cyclist's positive perspective during Covid-19. Mediation provides a place for clients to gain perspective and, eventually, resolution.
“When there is a patient listener, the speaker starts listening to the speaker within the speaker.”
Disputes generally are an integral part of human interactions arising from different human transactions
The journey taken by the Lagos Multi-Door Courthouse (LMDC) from when it first started till now is a clear indication that there is a buy-in from all stakeholders and disputants that ADR through the LMDC works because of its success story -with access to justice as some literature has revealed.
At the heart of any dispute resolution process is Trust.
What does one say which has any meaning at a time like this?
ODR is the use of technology and the internet to foster the effectiveness and efficiency of the dispute resolution process.
The reality of mediation practice in India is in stark contrast to mediation taught in theory.
ADR mechanisms have flourished in recent years in Brazil, with new regulations explicitly authorizing the use of mediation and arbitration in a wide variety of public and private caseloads.
(8/05/20)Maureen Weston, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Arbitrator Professor Maureen Weston, Professor of Law and Director of the Entertainment, Media & Sports Dispute Resolution Project at Pepperdine Law's Straus Institute.
Arbitrator highlights the importance of Mareva injunctions as tools in civil litigation to address when a defendant utilizes the time lag between a claim being prosecuted and the judgment by the court to divest its assets which could be used to satisfy that judgment.
(8/05/20)Rory O'Connor, Gregg Relyea
In this time of plague, there is a renewed sense of the value of connection and cooperation.
Mediate.com is proud to publish "Seven Keys to Unlock Mediation’s Golden Age" and to offer this convenient Table of Contents for accessing all 25 original "Keys" articles and accompanying videos. Special thanks to Michael Leathes, Manon Schonewille and Clare Fowler for leading this important project!
The Australian Competition and Consumer Commission has released its draft news media bargaining code, which allows commercial news businesses to bargain, individually or collectively, with Google and Facebook, in order to be paid for news the tech giants publish on their services.
(8/03/20)Luke Breslin, James McDonnell
The New Jersey Supreme Court has held that the New Jersey Arbitration Act allows enforcement of arbitration agreements with independent contractors, even if they are not enforceable under the FAA.
In the United Mexican States v. Burr, Madam Justice Bernadette Dietrich accepted that legal submissions by parties to the NAFTA can qualify as “subsequent practice” but that the facts fell short of meeting the standard of a “clear, well-understood, agreed common position”.
A California court ruled in favor of the fans of Owen Benjamin, a controversial right-wing comedian, after Patreon, a US fan-funding service, sought an injunction against their arbitration suits against it.
(8/02/20)Michael Leathes, Nadja Alexander, Lela Love
Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future.
"Mediation 20/20: Navigating Mediation's Best Future" is the theme of Mediate.com's 25th Anniversary Online Conference taking place online September 30 to October 2, 2020. This conference is both a focused think-tank conference dedicated to defining the best course for mediation's continued growth and a celebration of Mediate.com's first 25 years.
(7/31/20)Joyce Odidison, Michael Lang
This article shares a video of Michael Lang interviewing Joyce Oddison about how to stay resilient through difficult times.
Whenever I make a presentation or moderate a session, I call the convenor or speaker afterwards and simply ask: How was it?
(7/31/20)Sara Hourani, Leonardo de Oliveira
Arbitration has become one of the the primary methods of dispute resolution for disputes that were traditionally resolved through litigation in courts, and its scope has expanded beyond the resolution of commercial disputes -- but this has given rise to questions about the degree to which arbitration provides adequate access to justice.
(7/31/20)Stacie Strong, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Prof. S.I. Strong of the University of Sydney about trust arbitration.
This article from Harvard's "The Practice," shines a light on ODR and its evolution using Colin Rule’s career as a guide. In building ODR systems for the world’s largest online marketplace and for court systems across the country, Rule’s career offers a window through which to observe and understand the larger ODR movement—a movement that is all the more important as the world grapples with the continued impacts of COVID-19.
(7/31/20)Roger Moss, Carole Conn
Conflict Intervention Service: Transforming Lives, Transforming Affordable Housing, Transforming Community in Times of COVID-19
After helping thousands of people resolve disagreements at work, I have found that you can help people with these two words.
I read an article about Why Do We Become Confrontational and it intrigued me to the point it acted as a catalyst to reach out to the author to request an interview. They accepted.
The article explains how mediator can facilitate disputing parties to resolve the dispute by making them understand what exactly they want. By using two case studies, the article highlights the skills used by the mediator in assisting the parties in negotiation.
(7/31/20)Rich Smukler, Gabriela Szlak
If a person during a caucus session tells the mediator that he committed a crime which had nothing to do with the case in mediation, what does the mediator do?
This article presents Bungay Stanier’s seven essential questions to focus on in a conflict coaching situation.
Frank Sander reflects on his concerns within the field, which include the tension of quality vs. quantity of the practice, the lack of studies of cost effectiveness, disappointments with the court system fees, and the difficulty of getting more young people/apprentices into the field. However, he's optimistic about the future of mediation.
International arbitration practitioners can address the issue of obtaining evidence from non-compliant parties through the Hague Convention for Taking Evidence Abroad in Civil or Commercial Matters, in tandem with newly released 2020 Guide to Good Practice on the Use of Video-Link under the Hague Evidence Convention.
Joe Biden has declared that he is opposed to giving private corporations the right to challenge U.S. labor, health and environmental policies through 'Special' investor-state dispute resolution (ISDS) tribunals, in future trade deals.
The authors of The Overlap Between Bankruptcy Court and Arbitration in the United States: Is a Preference for Arbitration the Key to Breaking the Loop? argue that following the coronavirus pandemic, there will be a shift from litigating bankruptcy in courts to resolving it through arbitration.
The International Council for Commercial Arbitration (ICCA) released on 28 July 2020 the “Report of the Cross-Institutional Task Force on Gender Diversity in Arbitral Appointments and Proceedings”, the eighth volume of the ICCA Reports Series.
(7/30/20)Kenneth Cloke, Joan Goldsmith, Rosemary Howell, Alan Limbury, Valeri Primo-Lack
Leadership is a skill. It is something everyone does at multiple points throughout their lives, whether they consider themselves leaders or not.
(7/30/20)Aloysius Goh, Sean Lim, Samantha Lek, Megan Tay
Humbling as it may be for adults to admit, the sages who can unlock the Golden Age of mediation may actually be the youth.
At the conclusion of a recent conference, following superb presentations emphasizing the value of principled and interest-based negotiation by William Ury and Scotland’s First Minister, Nicola Sturgeon, almost 100 mediators signed the "Edinburgh Declaration," an inspirational expression of belief and commitment. The Edinburgh Declaration explains why we mediate, something that is rarely publicly expressed.
(7/29/20)Carrie J. Menkel-Meadow
Carrie Menkel-Meadow talks about her early experiences with Gary Friedman and their efforts to bring humanistic psychology to law. The value-based mediation process still informs her practice.
Homer LaRue discusses his concerns of mediators not getting into the field because of the credentialing process, specifically persons of color not getting into the field, and bridging the gap between mediators of color and the "high-volume, high-quality case users".
(7/28/20)Ava Abramowitz, Kenneth Webb
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After 47 empirical studies, the American Bar Association Dispute Resolution Section’s Task Force report, “Research on Mediator Techniques,” was perplexing.