Arbitration Section


Gracious Timothy

The Downside of Arb-Med-Arb Procedures

(8/21/15)Gracious Timothy

The AMA procedure is not the end of the line. Enforcement of settlement agreements is cited as a crucial aspect and the AMA procedure is not completely geared up for it looking at its many downsides. It would be more desirable and feasible to prepare a uniform model provision on enforcement of mediated settlement agreements that would be universally acceptable.

Michael Toebe

Problem-solving Effectiveness of Sports Mediation

(8/05/15)Michael Toebe

Sports is a highly-competitive culture and that same commitment and drive it takes to get results can also be a strength so strong, too strong in fact, that it becomes a weakness in minimizing or resolving very costly conflicts, whether that be relationally, performance wise or financially.

Cecilia Iro-Cunningham

Comparing Arbitration and Mediation as ADR tool for Workplace Conflict

(7/29/15)Cecilia Iro-Cunningham

Recently arbitration has been considered or mandated by many employers in response to increasing cost associated with employment litigation (Shea, 2015). Arbitration in workplace dispute is mostly used to determine bridge of collective agreement and grievances arising from terms and conditions of employment as contained in the collective agreement.

Brian Jerome

Musings of a Long Time Arbitrator

(6/05/15)Brian Jerome

Musings of a Long Time Arbitrator reflects on the positive and challenging aspects of serving as a neutral, in a manner both realistic and humorous. Similar practitioners will be able to immediately relate, and those that seek or utilize the services of ADR providers will get a direct look at the implications of a neutral’s daily reality.

Kenneth Cloke

Let’s Talk: Charlie Hebdo, Immigration, Terror and Prejudice -- Notes Toward a Proposal for Dialogue over Difficult and Dangerous Issues

(6/02/15)Kenneth Cloke

As wars, religious and political differences, and international problems such as global warming, environmental degradation and poverty expand their reach, importance and severity, stimulating mass migrations and deepening social tensions, we are increasingly forced to recognize that military solutions cannot succeed; that legal processes take too long to implement; and that diplomacy does not reach deep enough into the ranks of those who are drawn to violence.

Marvin E. Johnson

The Integrity of ADR Processes and the Risks of Blurred Boundaries

(4/14/15)Marvin E. Johnson

Historically, the three main dispute resolution methods used in the United States have been violence, avoidance, and litigation. Today, there are a variety of additional processes that can be used to foster the resolution of disputes. Many of these processes began gaining popularity in the early 1970s as a result of frustration with the varied human and financial costs associated with litigation.

Nicolas Ulmer

The Witness Statement as Disclosure

(12/26/14)Nicolas Ulmer

As arbitrator I often glance through the witness statements early-on in order to get a more direct “feel” for the case, its players and its history, as well as for planning purposes.

Tom Stipanowich

Beyond “Getting to Yes:” Building Mediation Skills and Insights into Relationships

(12/16/14)Tom Stipanowich

A quarter century ago many believed we were experiencing a revolution in the way conflict was managed. Nowhere was this more noticeable than in the construction sector, the primary focus of my practice as an advocate and dispute resolution professional.

Jerry Barrett

The Future of Alternative Dispute Resolution

(12/09/14)Jerry Barrett

Given the creativity of ADR practitioners and scholars, the best of ADR will continue to grow and expand to new areas of practice, and unheard of new ADR practice will emerge.

Beth Graham

Arbitration in Evolution

(11/14/14)Beth Graham

The arbitration survey conducted by Professor Tom Stipanowich and the Straus Institute revealed current practices and trends in arbitration. This article specifically examines the demographics of the arbitrators and questions whether these demographics are the best for the business.

Beth Graham

Reflections on the State and Future of Commercial Arbitration

(11/11/14)Beth Graham

What may be most striking about these developments is that, until fairly recently, cost- and time-saving were often regarded as among the leading potential benefits of arbitration and a primary basis for distinguishing arbitration as an alternative to litigation. The growing prominence of these elements as perceived negatives of arbitration is therefore particularly troubling.

Konstantin Pilikov

Recognition of International Arbitration in Ukraine in Figures

(10/13/14)Konstantin Pilikov

Arbitration practitioners often put Ukraine below the average ranking of countries in terms of recognition of arbitration. Ukraine’s image of a not entirely arbitration-friendly jurisdiction is “promoted” with common thought about problematicenforcement of arbitral awards in Ukraine. However, in recent years Ukrainian legal system demonstrated significant progress in adherence to the arbitration-friendly approach. That progress had been measured during the study resulted in the research paper “Ukraine. Arbitration-friendly jurisdiction: statistical report, 2011-2012”

Harvesting Data to Shape the Future of International Dispute Resolution

(9/22/14)Deborah Masucci, Michael Leathes

Among the early words of wisdom expressed by Sherlock Holmes was this classic line: "I never guess. It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suit theories, instead of theories to suit facts." And so it is with dispute resolution. There is a paucity of reliable statistics out there to enable users of dispute resolution services, as well as advisers, providers, educators, adjudicators and policymakers, to understand how best to prepare and steer ourselves for the future.

Kenneth Feinberg

Ken Feinberg on High Profile Dispute Resolution

(9/12/14)Kenneth Feinberg

Well-known dispute resolution professional Ken Feinberg speaks on high profile dispute resolution and its relation to mediation.

Mark Baril

MED-ARB: The Best of Both Worlds or Just A Limited ADR Option? (Part Two)

(8/22/14)Mark Baril

Med-arb is the melding of two well-established processes for conflict resolution into one hybrid process. Mediation and Arbitration are used in conjunction with one another and, in the truest form of med-arb, the same third-party neutral plays the role of both mediator and arbitrator. In this paper, the term med-arb refers to this pure form that uses the same neutral, and is distinct from the common process where different neutrals are used in a mediation phase and an arbitration phase.

What the Supreme Court of India Got Right and What it Got Wrong

(8/01/14)Niyata Samir Ghandi

The Kluwer Arbitration Blog published an outsider’s perspective on the decision of the Supreme Court of India which has been applauded by international practitioners around the world since it curbed the jurisdiction of Indian courts over an arbitration agreement supplementing the pro-arbitration jurisprudence coming from the SCI over the last two years. The writer has commented not only as an outsider but also and more particularly as a Civil Lawyer, proposing an excellent alterative to the court’s approach. However, it may be necessary to have an insider’s perspective on the judgment.

Hilary Linton

Understanding Each Party’s Power in Family Mediation-Arbitration: Why it is Critical

(7/25/14)Hilary Linton

A recent Ontario Superior Court of Justice decision illustrates the need for clearer guidelines for “screening for power imbalances and domestic violence”, a mandatory component of Ontario family arbitration. It also demonstrates the benefits for parties, lawyers and arbitrators in understanding that some methods of screening are more effective than others; and in ensuring that screening is done in accordance with the best practices before the mediation in a mediation-arbitration.

Living with 'ADR': Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations

(7/09/14)J. Ryan Lamare, Tom Stipanowich

As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their responses to those of the mid-1990s, clear and significant evolutionary trends are observable, including a further shift in corporate orientation away from litigation and toward alternative dispute resolution (ADR).

Savannah Steele

Lack of Consumer Interest in Binding Arbitration Agreements

(6/30/14)Savannah Steele

This article takes a look into the Am. Exp. Co. v. Italian Colors Rest Supreme Court ruling, attempted Congressional remedies, and current studies on the rights of consumers in regards to binding arbitration clauses.

Mediate.com ZZZZZ

Mediate is Top Ranked Mediation Website

(2/04/14)Mediate.com

Mediate.com is ranked the top mediation and dispute resolution website by Alexa in its February 1, 2014 global website rankings. In business since 1996, Mediate.com has over 15,000 searchable mediation articles, blog posts, news items and videos. Mediate.com also hosts the most used mediator directory and offers mobile friendly website development, professional promotional services and cloud-based case management systems.

Art Hinshaw

Tide Turning a Bit on Mandatory Arbitration Through Recognition that Process Suppresses Claims?

(12/20/13)Art Hinshaw

FOI and semi-regular guest blogger Jean Sternlight (UNLV) shares with us her latest thoughts about mandatory arbitration. There is speculation that mandatory arbitration disserves consumers, but this next year offers options to increase protect fair policies.

Ana Gonçalves

Luanda Believes in Mediation as a Valid Dispute Resolution Approach

(12/13/13)Ana Gonçalves

Between the 25th and the 29th of November of 2013, the CAAL, an Angolan arbitration dispute center based in Luanda, and Convirgente, with the support of the Angolan Bar Association and the Qualifying Assessment Program for Portuguese speaking countries represented by ICFML (Instituto de Certificação e Formação de Mediadores Lusófonos), organized a course on Mediation, in Luanda, Angola. The training purpose was to give participants the necessary skills to act as mediators in several types of disputes.

Nicholas Peacock

The Spectre of Class Action Arbitration in Consumer Product Disputes

(12/13/13)Nicholas Peacock

Class arbitrations have primarily been viewed as an instrument of the US legal system. However, given the international capability and procedural flexibility of arbitration, the scope that they offer for collective redress by consumers is attracting increasing interest.

Beth Graham

The Promise of International Commercial Mediation

(12/07/13)Beth Graham

Although international commercial arbitration has long been the preferred means of resolving cross-border business disputes, the international corporate community has become increasingly concerned about increasing costs, delays and procedural formalities. As a result, parties are looking for other means of resolving cross-border business disputes.

Beth Graham

Consistently Inconsistent: The Need for Predictability in Awards

(10/25/13)Beth Graham

In investment treaty arbitrations, the stakes are high. It is not uncommon for claims to be asserted for hundreds of millions of dollars, and for the costs to resolve such disputes to run into the millions of dollars. Despite the substantial sums involved in resolving such disputes, there exists no uniform practice on awarding costs and fees in investment treaty arbitrations.

Click here for MORE ARTICLES