India passed its ground breaking Mediation Act, 2021 on December 15, 2021.
(1/17/22)Randa M. Trapp
Is the legal profession in fact a noble profession?
This article is part of a series of perspectives on eviction mediation program development that is being supported by the American Arbitration Association-International Centre for Dispute Resolution Foundation.
It was front-page news in the New York Times that NYC Mayor-elect Eric Adams said that emotional intelligence is his “No. 1 criteria” for selecting top officials in his administration.
A podcast produced by Arbitrate.com features JAMS CEO Chris Poole reflecting on his time at JAMS, rising to industry challenges, trends, and the future of alternative dispute resolution.
(12/06/21)Karen Brown Willcutts
As the oil and gas industry continues to evolve, oil and gas companies will no doubt see new types of claims asserted against them.
In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies.
(11/22/21)Betty Weinberg Elerin, Sherry Klein Heitler
Both of these accomplished women have handled thousands of cases in multiple areas of the law.
(11/16/21)Caryn Cridland, Mylene Chan
During the 2021 CPR International Conference, held online Oct. 6-7, CPR’s Young Leaders in Alternative Dispute Resolution Steering Committee presented “How to Work Effectively with Your In-House Counsel.”
According to the Singapore Convention on Mediation’s website, the Convention is a “multilateral treaty which offers a uniform and efficient framework for the enforcement and invocation of international agreements resulting from mediation.”
Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination."
What would you have done, if you were a violence prevention specialists?
When asked what advice she has for the next generation of ADR professionals, Mrs. Pereyra-Alvarez says, "Always go in with an open mind. Always believe that you are going to resolve the case, no matter what." This is a biography of her career path.
One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled “Self-Determination.”
As soon as you begin to contemplate divorce, the nauseating, panic-attack-inducing realization of losing half of your net worth kicks in and you find yourself wondering if it’s even worth it to consider leaving if you’re just going to end up broke and starving. Mediation may not even be an option in your mind, but it should be.
Large-scale global construction disputes often present a complicated mix of factors, such as publicity-associated risks, government oversight, huge project size, a large number of implicated parties and momentous damage issues.
Judge Irma Gonzalez has spent the last eight years at JAMS as a mediator, arbitrator, special master/referee and neutral evaluator. In honor of Hispanic Heritage Month, we spoke with Judge Gonzalez about how she started in ADR, her accomplishments, the challenges that she’s faced and her advice to younger generations.
Conflict in the workplace is inevitable when people with different values and opinions come together.
This discussion exemplifies one of those very few circumstances in which mediation may not be appropriate because a public policy is at stake.
"For centuries, we have shared common expectations of how we behave ethically in society, based largely on a mutual understanding of the reality in which our decisions play out. These underlying expectations have come to be guided by three pillars."
Law school teaches students that law is a seamless web of rules emanating from authorities like statutes and cases which they must memorize and finely parse in hypothetical cases.
(8/09/21)Joan Feeney, Phillip Shefferly
A podcast from JAMS featuring Hon. Joan N. Feeney (Ret.) and Hon Phillip J. Shefferly (Ret.) discussing the intersection of ADR and bankruptcy disputes, drawing on their experience as retired bankruptcy judges and mediators
(7/30/21)Ronald S. Kraybill
With COVID19 cases rocketing once again, old questions return. We are all inescapably affected by the behaviors of others on this so we have to work out the answers with other people around us.
The UK Civil Justice Council recently issued a report determining that parties to a civil dispute can legally be compelled to participate in an ADR process (e.g., mandatory mediation) and that doing so could also be desirable under certain circumstances.
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Let’s reflect on our experiences, the mistakes we made, the lessons we learned and the conflicts we resolved.