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Category: Legislation

SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims author.

SCOTUS to Consider Delegation of “Wholly Groundless” Arbitrability Claims

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe Supreme Court of the United States has granted certiorari in another arbitration case.  In Henry...

By Beth Graham
Child Dependency Mediation Update author.

Child Dependency Mediation Update

This article discusses the successful innovative approaches that SoCal Family Mediators have developed. Great mediators are negotiators of acumen, surrogate...

By Randy Drew
Ten Tips Toward Client Arbitration Satisfaction author.

Ten Tips Toward Client Arbitration Satisfaction

JAMS ADR Blog by Chris PooleExcept in “bet the company” circumstances, extensive discovery, dispositive motions, expert reports, and hearing costs...

By Eric Van Loon
Damage Quantification in Delaware for Breaches of Contract in Post-Merger Litigation author.

Damage Quantification in Delaware for Breaches of Contract in Post-Merger Litigation

Originally published on Harvard Law School's Forum. Despite vigorous attempts, through judicial decisions, [1] and legislative provision on forum selection and fee...

By Arthur Rosenbloom
What Does the 2017 Tax Law Mean for Divorcing Couples? author.

What Does the 2017 Tax Law Mean for Divorcing Couples?

Meredith Mediates by Meredith RichardsonI sat down with Jill Boynton of Cornerstone Financial Planning to find out. Alimony Currently, the person...

By Meredith Richardson
Criminal Justice and ADR author.

Criminal Justice and ADR

From ADRAC- The Australian Dispute Resolution Advisory Council Blog, organized with Shirli Kirschner This paper was settled jointly by the members of...

By Shirli Kirschner
Mediation Models: What is Best? author.

Mediation Models: What is Best?

Introduction Most of our conflicts and disputes are easily resolved; however, sometimes we need the help of a professional. Professionals...

By Dr. Gary Clayton
Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit author.

Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit

Business Conflict Blog by Peter PhillipsThanks to Loyola Prof. Imre Szalai for bringing to our attention the interesting Ninth Circuit decision in Breazeale...

By F. Peter Phillips
Letter to Kelly author.

Letter to Kelly

IndisputablyOut of the blue, I got an email from a student at my university who I had never met.  She...

By John Lande
The Arbitration from Hell and How the New York Courts Got It Wrong author.

The Arbitration from Hell and How the New York Courts Got It Wrong

This is a follow-up to the author’s previous article that explained why the Appellate Division, First Department, was wrong in...

By Norman Solovay
SCOTUS to Hear Oral Argument Over Constitutionality of Review of Patents author.

SCOTUS to Hear Oral Argument Over Constitutionality of Review of Patents

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesOn Monday, the United States Supreme Court will hear oral argument in Oil States...

By Beth Graham
In Praise of (Good) Disagreements author.

In Praise of (Good) Disagreements

Originally published on the Indisputably blog here.As they say, if two people always agree, one of them is unnecessary. It...

By John Lande
‘Think Like a Mediator’ Conflict Resolution Program at Rikers Island author.

‘Think Like a Mediator’ Conflict Resolution Program at Rikers Island

Introduction The article describes the authors’ experience teaching a six session course called “Think Like a Mediator” on conflict resolution...

By Hillary Zilz, Mary Austin, Nina Martinez, Richard Brewster
Addressing Injustice: Why and How Do People Seek Justice? author.

Addressing Injustice: Why and How Do People Seek Justice?

Originally published at Psychology TodayMorton Deutsch, eminent psychologist, Columbia University professor, mentor extraordinaire, and one of the founders of the...

By Peter T. Coleman
Legal Battle Continues After Arbitrator Upholds Suspension of Dallas Cowboys Running Back author.

Legal Battle Continues After Arbitrator Upholds Suspension of Dallas Cowboys Running Back

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesThe legal saga over a National Football League (“NFL”) running back’s...

By Beth Graham
How Does Your Mediator Add Value? author.

How Does Your Mediator Add Value?

Morrow Mediation Blog by Bernard MorrowMost of us don’t go to the symphony to watch the conductor or to a sporting...

By Bernard Morrow
Expanding The Benefits of An Apology! author.

Expanding The Benefits of An Apology!

PGP Mediation Blog by Phyllis G. PollackOn July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law ( Apology Ordinance...

By Phyllis Pollack
Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation author.

Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation

Noted lawyer Gerry Spence is as accomplished a painter as he is a trial lawyer.   In both of these activities...

By ARTHUR L PRESSMAN
How ADR Can Help Keep Confidential Agreements Confidential author.

How ADR Can Help Keep Confidential Agreements Confidential

JAMS ADR Blog by Chris PooleThe problem of access to and maintenance of the secrecy of contracts or contract terms...

By Richard Posell
Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration – Book Review author.

Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration – Book Review

This is a book review of Private Dispute Resolution in International Business: Negotiation, Mediation, Arbitration [Wolters Kluwer Law & Business 2015]...

By Klaus Peter Berger
Litigation vs ADR – Different Strokes for Different Folks author.

Litigation vs ADR – Different Strokes for Different Folks

From the CPR blog. My last column described the cultural, economic and structural changes in the legal and business communities that...

By Steven Platt
The Case for Early Mediation; Part II of II author.

The Case for Early Mediation; Part II of II

Dispute Settlement Counsel by Michael Zeytoonian.In our last blog post, the first in this two-part post about the case for...

By Michael A. Zeytoonian
Sergeant Pepper, Nostalgia, and Missing Socks author.

Sergeant Pepper, Nostalgia, and Missing Socks

Kluwer Mediation BlogIt was fifty years ago at the end of May that the Beatles launched the album (or LP...

By John Sturrock
Paradox in Mediation:  The Wall of Pin Stripes  And the Power of Self-Determination author.

Paradox in Mediation: The Wall of Pin Stripes And the Power of Self-Determination

(Note: This is a fictional story based on fact. Quotations are used for literary purposes and do not reflect actual...

By Gregg Relyea
Verdict in JAMS Lawsuit author.

Verdict in JAMS Lawsuit

Business Conflict Blog by Peter PhillipsA few months ago we posted disconcerting news of a dissatisfied party to a California...

By F. Peter Phillips
Improving Professionalism by Improving Judgment: Keys to Advising about Settlement and Mediation author.

Improving Professionalism by Improving Judgment: Keys to Advising about Settlement and Mediation

This article was originally published in the September/October 2016 issue of The Bencher, a bi-monthly publication of the American Inns...

By Laura Kaster
Aragaki – The Dao of Friendly Skies author.

Aragaki – The Dao of Friendly Skies

Indisputably Guest post by Hiro AragakiFOI Hiro Aragaki (Loyola-LA) provides his thoughts on last week’s United Airlines debacle. In the...

By Art Hinshaw
Litigation–Style Mediation Has Got to Go author.

Litigation–Style Mediation Has Got to Go

Institute for the Study of Conflict Transformation by Dan SimonIt’s entirely understandable that retired judges and experienced litigators would want...

By Dan Simon
Whose Privilege Is it Anyway? author.

Whose Privilege Is it Anyway?

Whose Privilege Is it Anyway?   A mediator is hired to settle a pre-litigation antitrust dispute between Plaintiff (Sony) and...

By Michael Diliberto
Mediation: What is it Really About? author.

Mediation: What is it Really About?

From Mervyn Malamed's Positive Conflict Management BlogMediation is a non-binding, voluntary, informal dispute settlement option, designed to avoid litigation and...

By Mervyn Malamed

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