Arbitration Section


Jody Sin

Enlisting the Involvement of Organizational Ombuds to Resolve Workplace Conflicts at Public Schools in Hong Kong

(5/08/19)Jody Sin

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.

Leonardo Carpentieri

Brexit, Achmea and the Resolution of Intra-EU Disputes

(4/26/19)Leonardo Carpentieri

Dispute resolution across Europe is going through a period of significant turmoil.

Juhi Gupta

Mandatory Pre-institution Commercial Mediation in India

(9/24/18)Juhi Gupta

This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?

Armita Azad

Mediation vs. Arbitration

(9/17/18)Armita Azad

This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.

Dixon Dern

Finale of Birbrower

(8/24/18)Dixon Dern

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.

Jack Urquhart

International Arbitration-Federal Jurisdiction & Provisional Remedies

(8/10/18)Jack Urquhart

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.

Jack Urquhart

Employment Arbitration Agreements Reach Epic Status

(6/22/18)Jack Urquhart

Employees who contractually agree to resolve employment disputes in an individualized arbitration waive all rights to class actions or any other collective dispute process.

Tom Stipanowich

Interview with Thomas Stipanowich - Views from the Eye of the Storm

(6/19/18)Tom Stipanowich

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.

Gregg Relyea

Social Media-tion: A Bridge for Young Mediators to Enter--and Re-Define--The Profession?

(4/05/18)Gregg Relyea

For years, a gap has existed between mediation training of young students and entry into the field as professional mediators.

Norman Solovay

The Arbitration from Hell and How the New York Courts Got It Wrong

(12/28/17)Norman Solovay

This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.

Klaus Peter Berger

Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration - Book Review

(9/07/17)Klaus Peter Berger

This is a book review by Michael Leathes of Private Dispute Resolution in International Business; Negotiation, Mediation, Arbitration by Klaus Peter Berger.

Peter Huang

California Supreme Court Sets Up Showdown at U.S. Supreme Court over Arbitration Agreements

(7/06/17)Peter Huang

This article analyzes an important recent California case related to arbitration agreements and waivers.

Justin Kelsey

3 Things that Mediation is NOT

(4/21/17)Justin Kelsey

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.

Michael A. Zeytoonian

Beyond Arbitration and Mediation: Designing the Dispute Resolution Process to Fit the Situation

(11/04/16)Michael A. Zeytoonian

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.

Arthur Rosenbloom

Mediating Valuation Disputes In Minority Oppression Litigation

(11/03/16)Arthur Rosenbloom

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.

Sheldon Stark

Opinions—Essays on Lawyering, Litigation and Arbitration, the Placebo Effect, Chutzpah, and Related Matters--Book Review

(9/09/16)Sheldon Stark

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!

Claudia Maffettone

Principles and Practices of Peace and Conflict Resolution in Islam. The Case of Morocco.

(8/19/16)Claudia Maffettone

In this article I will offer a panoramic view on the concept of peace in Islam and on Islamic conflict resolution principles and practices. Albeit the overwhelming negative narratives on Islam, this religion and tradition is rooted in an articulate philosophy of peace, justice, reciprocity, and community.

Andrea Maia

The Differential of Mediation in Contracts of Insurance and Reinsurance

(7/15/16)Andrea Maia, Vivien Lys Porto Ferreira da Silva

The current issue consists on identifying the effectiveness of insertion of clauses of mediation in contract of insurance and reinsurance in corporate law and consumer law, exclusively in private mediation.

Dixon Dern

Can Intellectual Property Disputes Be Resolved Privately—Sure, Why Not?

(7/15/16)Dixon Dern

I recently met with a group of entertainment attorneys (like myself) here in Los Angeles, some of whom were also considering entering the arbitration field. A significant number of these attorneys did not understand that copyright infringement and other intellectual property disputes can be arbitrated or mediated.

Esther Gomez Jimenez

Mediacion Online Una Realidad del Siglo XXI

(7/01/16)Esther Gomez Jimenez

El impacto de las nuevas tecnologías y en particular el uso de Internet han hecho posible el establecimiento de nuevos métodos para la resolución de los conflictos, y es aquí donde entra en juego la Mediación, pudiéndose la misma desarrollar por este medio.

Michael Toebe

How to Better Solve Your Consumer Disputes

(6/06/16)Michael Toebe

When consumer disputes evolve, the perception and at times, reality is it's a push-resistance equation. Emotions escalate. Judgments, yet not resolution, rule.

Richard Chernick

Witnesses in Arbitration – Federal Arbitration Act

(3/11/16)Richard Chernick

Testimony and documents may be obtained in arbitration in accordance with the parties’ agreement, the applicable institutional arbitration rules and provisions of law (federal and state arbitration acts, as applicable).

Malcolm Sher

The Minefield of Fee Disputes – It’s Not Just About Fees

(2/12/16)Malcolm Sher, Jobi Halper

Fee disputes pose a minefield for attorneys. Cautiously stepping through disputes may maximize your ability to retain or recover fees, while avoiding a malpractice claim or State Bar complaint.

Tom Stipanowich

The International Evolution of Mediation: A Call for Dialogue and Deliberation

(2/05/16)Tom Stipanowich

Much has been written about the global development of mediation, but more should be said about the important questions that should be confronted by practitioners, policymakers and users.

Greg Rooney

The Australian Experience of Pre-Litigation ADR Requirements

(1/22/16)Greg Rooney

Mediation is now well-established in Australia particularly in the commercial jurisdictions of the states and territories. However it is still viewed as an unwelcome visitor by many in the legal profession and the judiciary.

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