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.
Arbitral Community Mobilizes to Adapt to the COVID-19 Crisis through Increased Use of Electronic Proceedings
The Listening Stick beliefs show up in mediation.
(7/24/20)Katherine Haennicke, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Arbitrator Katherine Haennicke from the American Arbitration Association about pro se parties in arbitration.
(7/20/20)Ana Gonçalves, Francois Bogacz, Daniel Rainey
Universal mediation standards have been a controversial issue ever since the rise of mediation as a dispute resolution process.
(7/20/20)Mark Appel, Wolf von Kumberg
This article discusses the importance of bridging mediation and arbitration.
(7/18/20)Theo Cheng, Amy Schmitz
In this episode of the Arbitration Conversation, Amy interviews independent arbitrator Theo Cheng on intellectual property arbitration.
The Arbitration Conversation is a periodic web series where Prof. Amy Schmitz interviews leading thinkers in arbitration around the world. Tune in for new episodes each week.
In this episode of Arbitration Conversation Amy speaks with Svetlana Gitman of the American Arbitration Association
(7/13/20)David Horton, Amy Schmitz
In this episode Amy interviews Professor David Horton of the UC Davis School of Law about infinite arbitration clauses.
(7/10/20)Charles Harris, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Charles E. Harris II, who is a Partner in the Litigation and Dispute Resolution Group and the International Arbitration Group at Mayer Brown in Chicago.
(7/05/20)Richard Frankel, Amy Schmitz
In this episode of the Arbitration Conversation Amy interviews Prof. Richard Frankel, Associate Professor of Law and Director of the Federal Litigation and Appeals Clinic at the Drexel University Thomas Klein School of Law.
The Indian Government announced a complete indeterminate lockdown across the nation in the month of March amid the spread of Corona Virus (COVID-19). This has effected the ability of people to resolve disputes.
(6/29/20)Sarah Rudolph Cole, Amy Schmitz
Check out the latest episode of the Arbitration Conversation, where Amy interviews Prof. Sarah Cole of the Moritz College of Law at Ohio State University.
(6/26/20)Mohamed S. Abdel Wahab, Amy Schmitz
Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Mohamed Abdel Wahab on arbitration in Egypt.
(6/19/20)Tom Stipanowich, Amy Schmitz
Check out the latest episode of The Arbitration Conversation where Amy Schmitz interviews Tom Stipanowich about mixed mode arbitration and his concept of "arbigotiation" which keeps the door open to negotiated or mediated resolutions within an arbitration process.
(6/17/20)Benjamin Davis, Amy Schmitz
In this episode Amy Schmitz interviews Ben Davis about diversity in arbitration, with a particular focus on the new Diversity and Inclusion Policy that was recently issued by ICCA (the International Council of Commercial Arbitration).
(6/16/20)Robert Bailey, Amy Schmitz
In this episode of Arbitration Conversation Amy Schmitz interviews Prof. Bob Bailey of Mizzou Law on the new unanimous Supreme Court decision (authored by Justice Gorsuch) around the enforceability of arbitration for gig workers in the transportation sector and the interpretation of the FAA's applicability in state court.
(6/15/20)David Larson, Amy Schmitz
In this episode of Arbitration Conversation Amy speaks with Professor Dave Larson of the Mitchell Hamline School of Law on accessibility in mediation, arbitration, and online dispute resolution
Earlier today, the Supreme Court issued a unanimous decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC. The case involves the New York Convention and international arbitration, and the Court held that the Convention does not displace domestic doctrines regarding equitable estoppel. These doctrines allow non-signatories to compel the enforcement of an arbitration agreement under certain circumstances.
Tom Stipanowich talks about the arbitration process being taken out of contracts while being replaced with mediation or litigation processes.
This article describes various early dispute resolution processes and highlights presentations by Duncan MacKay, Deputy General Counsel & Chief Compliance Officer of Eversource Energy, and Conna Weiner, a mediator and arbitrator at JAMS and CPR.
(1/03/20)F. Peter Phillips
Peter Kaskell died on December 12, 2019. He was a dear friend whom I met at the CPR Institute and who taught me not just the delicate arts of demand-led commercial dispute management, but the even more delicate arts of humility, service and attention to others’ needs.
As a business owner, it’s extremely important to familiarize yourself with dispute resolution and the processes you need to take depending on the severity of a case.
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Peter Robinson discusses differences between legal arbitration and mediation - mediation being the more effective process.