Arbitration Section
5th Key-Technology: Embrace and Integrate Relevant New Technologies
Much ink has been spilled on the future of mediation, and how robots may someday take over from humans. However, mediation is not an empirical science that can be reduced to algorithms.
Virtual Mediation During COVID-19 Lockdown – A Preferred Mode of Online Dispute Resolution?
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.
4th Key-Professionalism: Create a Universal Code of Disclosure
Universal mediation standards have been a controversial issue ever since the rise of mediation as a dispute resolution process.
4th Key-Professionalism: Encourage Mediation and Arbitration Integration
This article discusses the importance of bridging mediation and arbitration.
New Supreme Court Arbitration Decision – GE Energy v. Outokumpu
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.
Early Dispute Resolution 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.
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.
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.
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.
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.
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.
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.
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.
California Supreme Court Sets Up Showdown at U.S. Supreme Court over Arbitration Agreements
This article analyzes an important recent California case related to arbitration agreements and waivers.
3 Things that Mediation is NOT
Mediation has become a popular alternative to court proceedings, with mediators resolving disputes of all kinds there is still a significant amount of confusion about what is mediation and what can a mediator do for you.
Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation
We live in a specialized world, one in which access to information is so overwhelming that there literally is “an app for that” to satisfy even the most specific and narrow of needs.
Mediating Valuation Disputes In Minority Oppression Litigation
This article describes how the mediator can assess the strengths and weaknesses of each side’s valuation position as well as the disarray in the New York courts in ruling on valuation issues.
Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters--Book Review
This book is a collection of previously published essays by two outstanding lawyers, one of whom is a well respected arbitrator, who practice labor and employment law in Michigan. The essays - witty, thought provoking and insightful - are drawn from experience in the trenches. They address lawyering, brief writing, mediation and arbitration, civility, persuasion, life, and MORE!