Featured Legal Blog Posts
Criminal Justice and ADR
What does ADR mean in the criminal justice context?
In Memoriam: CPR Chairman Emeritus Charles Renfrew
The International Institute for Conflict Prevention and Dispute Resolution mourns the loss of Chairman Emeritus Charles B. Renfrew (pictured above), who died in San Francisco on Dec. 14 at age 89.
Objections to Joint Sessions
“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties.
Arbitration of Criminal Plea Bargains? A Step Too Far Says Ninth Circuit
This article discusses the decision holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.
Letter to Kelly
This article is a letter of advice to someone who is starting law school.
Conflict Audit: How Much Is Conflict Costing Your Organization?
Finally discover how to quantify the direct and hidden Costs of Conflict.
Roundup: Legislation with Mediation or Arbitration…Maybe for the future?
Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.
I Apologize For Suggesting It !
Mediations and their participants never cease to amaze me.
Courts and Attorneys Aren’t Doing Enough to Inform Litigants about Their ADR Options
Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.
ADR in the Regulation of Aged Care
The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.
Bidding Against Yourself
I had a chance to hear William Ury, best-known as co-author of Getting to Yes, speak this weekend at the SCMA fall conference. One of the things he talked about was seeing yourself as your own worst enemy in a negotiation.
From Litigation to Conflict Resolution
“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.
How Does Your Mediator Add Value?
Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.
Why You Should Avoid Trial and Mediate Instead!
We all have cognitive biases.
Joint Session: A Tale of Two Mediations
I share a tale of two wrongful dismissal mediations conducted weeks’ apart.
How ADR Can Help Keep Confidential Agreements Confidential
The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.
Dealing with Causes as Well as Symptoms of Law Students' and Lawyers' Lack of Well-Being
The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.
Access to Justice and ADR
A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.
Litigation vs ADR – Different Strokes for Different Folks
This article describes the cultural, economic and structural changes in the legal and business communities that have transposed “Alternative Dispute Resolution” (ADR) from a “cross-practice” which litigators engage in when they are contractually required or court-ordered to do so to a fully-integrated but increasingly separate and distinct set of dispute resolution services to be offered by law firms or other private “Dispute Resolution Firms”, “Groups”, and “Individual Professionals”.
Prenup? That’s Good News!
Your wedding day is only a few months off and your fiancé nervously mentions that he would like a prenuptial agreement.
Bill Richardson: America’s hostage negotiation strategy is broken
"The blame is theirs. The lesson for us is that America’s hostage negotiation strategy is broken."
If You Want Your “Day in Court”, Don’t Go to Court
“I want my day in court.” This is one of the most frequent desires and sentiments expressed by a new client in our initial conversation about their legal dispute.
The ADR Imperative to Ensure Access to Justice
On July 6, 2017 a diverse group from the dispute resolution community—lawyers, judges, academics, arbitrators, mediators, policy makers, among others—gathered in London for the latest event in the Global Pound Conferences Series.
California Law Revision Commission Recommendations
The California Law Revision Commission has issued its draft recommendations for an amendment to the Evidence Code carving out a new exception to mediation confidentiality.
WIN-WIN in Practice: Mediation Helping with Sports Disputes and Sports Disputes Helping Mediation
Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about.