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.
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.
Dispute resolution across Europe is going through a period of significant turmoil.
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.
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.
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.
Employees who contractually agree to resolve employment disputes in an individualized arbitration waive all rights to class actions or any other collective dispute process.
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.
For years, a gap has existed between mediation training of young students and entry into the field as professional mediators.
This article will explain why the First Department was wrong in 2015 when it unanimously affirmed a lower court’s arbitration decision.
(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.
This article analyzes an important recent California case related to arbitration agreements and waivers.
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.
(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.
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.
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!
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.
(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.
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.
(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.
When consumer disputes evolve, the perception and at times, reality is it's a push-resistance equation. Emotions escalate. Judgments, yet not resolution, rule.
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).
(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.
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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.