Arbitration Section
Peter Kaskell, 1924-2019
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.
Thoughts on the Singapore Convention
The Singapore Convention parallels the New York Convention for Arbitration by legitimizing mediation as a dispute resolution method for international commercial transactions.
Mediation vs. Arbitration vs. Litigation: The differences you need to know about in business
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.
Mediation and the Principle of Emergence
Charlie Irvine in his recent Kluwer blog (Mediation Values: Still Searching) suggested it is our values that determine what we do or say in a mediation rather than any techniques we learn as mediators.
The Mediator's Toolkit: Formulating and Asking Questions for Successful Outcomes
Mediators need to formulate and ask incisive questions that challenge entrenched thinking and shift perspectives.
Got A Final Award? It Ain’t Necessarily So
The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.
Enlisting the Involvement of Organizational Ombuds to Resolve Workplace Conflicts at Public Schools in Hong Kong
This article advocates the establishment of organizational ombuds by the Education and Development Bureau in Hong Kong to complement its current system to resolve workplace conflicts at public schools.
Brexit, Achmea and the Resolution of Intra-EU Disputes
Dispute resolution across Europe is going through a period of significant turmoil.
Dr. Joshua Weiss shares his TED talk on The Wired Negotiator
Dr. Joshua Weiss shares his TED talk on The Wired Negotiator.
The Fault Lines of the Contemporary Ideological Divide - Part 1
This article discusses the ideological divide looking at conflict from both a mediator's (Part 1) and a therapist's perspective (Part 2).
Scorched Earth Clients: Mediating with High Conflict People
You have met them if you have been mediating for any length of time: High Conflict People.
Mandatory Pre-institution Commercial Mediation in India
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
Mediation vs. Arbitration
This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.
The Tax Reform Law Impacts Families
The attached articles highlight further effects of the tax reform, one specifically focused on Prenuptial Contracts, and the second more generally on family financial decisions.
Finale of Birbrower
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.
International Arbitration-Federal Jurisdiction & Provisional Remedies
Stemcor USA Incorporated addresses federal court jurisdiction based on the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and court enforcement of provisional remedies in aid of arbitration.
The Roots of Mediation in Florida and its Worldwide Influence
The mediation in the United States has long been used as an Alternative Dispute Resolution throughout the Court Systems around the country significantly reducing the court backlog.
Employment Arbitration Agreements Reach Epic Status
Employees who contractually agree to resolve employment disputes in an individualized arbitration waive all rights to class actions or any other collective dispute process.
Interview with Thomas Stipanowich - Views from the Eye of the Storm
This is the complete interview by Robert Benjamin with Tom Stipanowich, Co-Director of Pepperdine's Straus Institute for Dispute Resolution and former Director of CPR in New York, filmed as part of Mediate.com's 'Views from the Eye of the Storm' Video Series.
Social Media-tion: A Bridge for Young Mediators to Enter--and Re-Define--The Profession?
For years, a gap has existed between mediation training of young students and entry into the field as professional mediators.
Make Mediation a Life Skill and a Core Value
Mediation is not neutral. The process itself is full of implicit principles and valuable life lessons.
The Arbitration from Hell and How the New York Courts Got It Wrong
This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.
Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book Review
This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.
What “The Blind Men and the Elephant” Can Teach Us About Perspective at the Mediation Table
Frequently, disputes arise out of the different perspectives of the parties. Parties may observe the same facts but their perceptions of what happened and why may turn on where they stood, what role they were playing or what they were thinking at the time of the occurrence or event at the center of the controversy.