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Akshay Sewlikar

The Artemis Accords: A New Frontier for Space Law and Arbitration?

(7/10/20)Akshay Sewlikar

Learn more about the Artemis Accords, which were announced by NASA in May 2020 as a set of principles on the basis of which the US would enter into agreements with other countries to govern the civil exploration and use of outer space and lunar resources.

Charles Harris

Arbitration Conversation No. 9: Charles E. Harris II, Arbitrator and Partner at Mayer Brown in Chicago

(7/10/20)Charles Harris

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.

6th Key-Government: Make Mediation a Prerequisite to Civil Litigation

(7/10/20)Leonardo d'Urso, Constantin-Adi Gavrila, Manon Schonewille

Buckminster’s Law derives from the futurist and inventor, R. Buckminster Fuller, who dedicated his life to “making the world work”.

George Lim

6th Key-Government: Sign, Ratify, and Implement the Singapore Convention on Mediation

(7/10/20)George Lim

The Singapore Convention on Mediation can have a significant influence on the international appetite for mediation.

Alicia Kuin

6th Key-Government: Actively Support UN Resolution 1325 on Women, Peace, & Security

(7/10/20)Alicia Kuin

Resolution 1325 marks the first time that the UNSC affirmed the critical role of women in conflict resolution and peace building.

Christian Radu Chereji

6th Key-Government: Help Governments Lead Mediation into the Mainstream

(7/10/20)Christian Radu Chereji

Governments play a vital role in the advent of a Golden Age of mediation in three critical areas: generating robust data; mobilizing public and professional engagement; and, most visibly of all, inspiring uptake and demonstrating that they “walk the talk”.

Hitoshi Suzuki

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Asia

(7/10/20)Hitoshi Suzuki

This series examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Asia.

Forrest (Woody) Mosten

Use Mediators and Police as Conflict Resolution Partners

(7/10/20)Forrest (Woody) Mosten

In recent efforts to improve law enforcement’s role in serving our communities, a major issue is whether police departments can be assisted or replaced by professionals better suited to handling citizen calls on some issues.

Cinnie Noble

Facing the Conflict

(7/10/20)Cinnie Noble

The notion that we have the ability to change someone (such as their personality, their needs, their values, their core beliefs, their deeply held views) is unrealistic.

David Kellem

Mediators Needed in this Time Which Tries Our Souls

(7/10/20)David Kellem

I am calling upon all Professional Mediators to deploy as a powerful peacemaking force in our current national crisis.

Catherine Gillespie

Failing to Notice the Generosity of Others

(7/10/20)Catherine Gillespie

Empathy within a mediation session can prove a catalyst for success as long the mediator helps parties not miss the opportunity. Recognizing this skill and the courage of parties to move from entrenched positions will not be missed by an experienced mediator.

Rick Bales

Arbitrating Global Labor Disputes

(7/09/20)Rick Bales

In late June, four major civil society groups released a model dispute resolution system, focused on model arbitration clauses, for disputes on labor standards in supply-chain operations. Read a summary of the new dispute resolution system here.

Indraneel Gunjal

Uber’s Arbitration Clause Ruled Unconscionable by the Supreme Court Of Canada

(7/08/20)Indraneel Gunjal

Uber’s service agreement for the drivers of its food delivery services in Canada required them to resolve any dispute with Uber through arbitration in the Netherlands. The Supreme Court of Canada on appeal allowed the driver’s class action to proceed in the Ontario Courts and found the arbitration clause in the Uber drivers’ contracts to be ‘unconscionable’.

Frederico Singarajah

The Hitchhiker’s Guide to Virtual Hearings (Part 1)

(7/08/20)Frederico Singarajah

This article provides guidance for virtually conducting oral hearings for arbitration processes with the COVID-19 crisis having diminished face-to-face meetings and having forced the legal profession to adapt. Five concerns are identified 1) Hearing platform, 2) Document presentation, 3) Confidentiality and security, 4) Witness examination, and 5) Advocacy.

Frederico Singarajah

The Hitchhiker’s Guide to Virtual Hearings (Part 2)

(7/08/20)Frederico Singarajah

This two part article provides guidance for virtually conducting oral hearings for arbitration processes, focusing on five considerations: 1) Hearing platform, 2) Document presentation, 3) Confidentiality and security, 4) Witness examination, 5) Advocacy. Part 1 provided an analysis of the first two, and this article (Part 2) analyzes the final three.

Cristina Villarroel

Appellate Court Holds That AAA Rules Do Not Provide That Only Arbitrator Can Decide Arbitrability

(7/07/20)Cristina Villarroel

The article provides a case summary of the Florida state appellate court ruling that the incorporation of American Arbitration Association (AAA) Rules in an arbitration agreement did not provide clear and unmistakable evidence that only the arbitrator could decide the issue of arbitrability, in lieu of the courts.

Indraneel Gunjal

Former WeWork Employee Pushes to Resolve Job Discrimination Claims in Court, not Arbitration

(7/06/20)Indraneel Gunjal

A former employee of WeWorks Companies Inc. has petitioned a Federal District Court in New York to allow a review of its earlier decision which compelled her to pursue her job discrimination claims based on race and sex through arbitration, rather than before the Courts.

Maxi Scherer

Remote Hearings in International Arbitration – and What Voltaire Has to Do with It?

(7/05/20)Maxi Scherer

The Covid-19 crisis has had a deep impact on international arbitration as the parties, counsel, and arbitrators have been forced to adapt to a new reality of remote hearings due to the travel restrictions and social distancing measures. They are also facing the critical issue of whether to postpone planned physical hearings that cannot be held due to the restrictions or to hold them remotely using modern technologies.

Michelle Li

PRC Court Confirms Jurisdiction To Recognize And Enforce A Foreign Arbitral Award Against A BVI Company

(7/05/20)Michelle Li, Tianyu Ma

This Article discusses the case of Amarante v. Intermarine, where the civil courts in the Peoples’ Republic of China (PRC) were confronted with the issue of whether a foreign arbitral award could be recognized and enforced in the PRC, against a foreign company which was not incorporated there.

Richard Frankel

Arbitration Conversation No. 8: Prof. Richard Frankel of Drexel University School of Law

(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.

Charlie Irvine

What Do ‘Lay’ People Know About Justice?

(7/03/20)Charlie Irvine

University teachers faced with marking hundreds of papers have been known to find some crumbs of comfort in students’ more eccentric answers.

Let Communities and Police Together Keep the Peace: Op-Ed

(7/03/20)D.G. Mawn

: Op-EdScores of cellphone videos, capturing police violence around the country, have revealed to millions the depth and breadth of systemic racial bias in the United States. Understandably, many are calling for a new way.

John Lande

BATNA’S Got to Go

(7/03/20)John Lande

In a recent DRLE listserv colloquy, I threatened to save for another day an extended rant about why we are so doggone attracted to using confusing jargon. That day has arrived.

Adam Stebbins

Designing for the Intensity of Online Mediation

(7/03/20)Adam Stebbins

The rapid shift to the greatest use of video conferencing technology has occurred, but how are we adapting ourselves and our mediations? Relatively simple adjustments to remote mediation can result in a higher likelihood of outcomes that would have likely occurred during face to face mediation.

Gregg Relyea

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Europe

(7/02/20)Gregg Relyea, Carla Marcucci

This article examines how the 7 continents are dealing with conflict during COVID. This one examines the view from Europe.

5th Key-Technology: Take Advantage of ODR’s Full Potential

(7/02/20)Ana Gonçalves, Daniel Rainey, Jeremy Lack

Online Dispute Resolution (“ODR”) is now universal, especially since the Coronavirus pandemic began.

5th Key-Technology: Embrace and Integrate Relevant New Technologies

(7/02/20)Jeremy Lack, Francois Bogacz

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.

Kyle Persaud

Telephone Mediation in an Age of Social Distancing: Does It Work?

(7/02/20)Kyle Persaud

Is all the technology really necessary, and worth the price?

Sneha Vardhani

Virtual Mediation During COVID-19 Lockdown – A Preferred Mode of Online Dispute Resolution?

(7/02/20)Sneha Vardhani

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.

Mediate.com Launches MediationExpress Online Mediation Service

(6/30/20)Clare Fowler, Jim Melamed, Colin Rule

Mediate.com has launched an affordable and confidential online mediation service for property, eCommerce and workplace disputes. Participants keep full decision-making control and can get started for only $99.

Henry Allen Blair

Cert Granted in a New(ish) Arbitration case —Henry Schein Part II

(6/29/20)Henry Allen Blair

Henry Schein Part I focused on the wholly groundless doctrine. The wholly groundless doctrine, you might recall, was basically a smell test for arbitrability. It gave courts the right to regulate dubious arbitration agreements even if those agreements included a delegation provision. A unanimous Supreme Court sounded the death knell on the doctrine. Today, SCOTUS took the case up again.

Sarah Rudolph Cole

Arbitration Conversation No. 7: Prof. Sarah Cole of the Moritz College of Law at OSU

(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.

Kristen Blankley

The Long Shadow of the FAA - Can Agencies Craft Arbitration Rules?

(6/29/20)Kristen Blankley

As federal agencies begin to regulate arbitration within their areas of expertise, questions arise regarding the agency's authority to do so in light of the Federal Arbitration Act (FAA). This article presents a framework for analyzing these regulations in light of the FAA.

Pierrick Le Goff

4th Key-Professionalism: Act to Ensure Mediation is Respected as a True Professional Practice

(6/26/20)Pierrick Le Goff

This article discusses the importance of professionalism to ensure that mediation is being taken seriously.

John Brand

4th Key-Professionalism: Modernize the Culture Driving Legal Practice

(6/26/20)John Brand

This article discusses professionalism and the need to modernize our mediation culture.

Mark Appel

4th Key-Professionalism: Encourage Mediation and Arbitration Integration

(6/26/20)Mark Appel, Wolf von Klumberg

This article discusses the importance of bridging mediation and arbitration.

Ana Gonçalves

4th Key-Professionalism: Create a Universal Code of Disclosure

(6/26/20)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.

Mohamed  S. Abdel Wahab

Arbitration Conversation No. 6: Amy interviews Mohamed Abdel Wahab of the Cairo University Faculty of Law

(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.

Vittorio Indovina

Mediation in the Legal Culture of Italian Lawyers: Some Data from an Empirical Study

(6/26/20)Vittorio Indovina

In this short article, the author outlines the main findings of a qualitative research study conducted in Italy in 2018 with the purpose of understanding how mediation is enculturated in the legal culture of local attorneys, and what role, if any, the local law regulating mandatory mediation plays in this regard.

Georgia Daniels

Parenting While Angry

(6/26/20)Georgia Daniels

This article is arranged as an open letter to my clients, who are divorcing during the pandemic.

Paul Rajkowski

Did Traditional Mediation Die?

(6/26/20)Paul Rajkowski

After writing the obituary, many comments came forward saying mediation was not dead. It was different. This is a response to those comments.

John Lande

Kristen Blankley: New Opportunities for Pro Bono in a Pandemic

(6/26/20)John Lande

COVID-19 has created additional need for legal services in many areas, including housing, consumer law, employment law, probate, family law, domestic violence advocacy, criminal law, among others.

Stephanie Barrett

Taking a Stand for the Law of the Seat: Anti-Suit Injunctions and Arbitrations

(6/26/20)Stephanie Barrett

This article explores the recent English Court of Appeal decision in Enka Insaat v Chubb. The issue in that case was whether a mere choice of London seat (without any express choice of English law and without any ongoing arbitration) was sufficient for the grant of an anti-suit injunction to restrain foreign proceedings and/or constituted an implied choice of English law.

Gregg Relyea

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: Australia

(6/25/20)Gregg Relyea, David Bogan

This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.

Grande Lum

To Prevent More George Floyd Tragedies, We Need Federal Peacemakers to Bring Communities and Law Enforcement Together

(6/22/20)Grande Lum, Grace Flores-Hughes

For decades, Community Relations Service mediators from the Department of Justice have been working with community leaders to address the mistreatment of black and brown people by law enforcement.

Conflict Resolution in the Time of COVID-19--Voices from Seven Continents of the World: North America

(6/22/20)Gregg Relyea, Kenneth Cloke

This article series includes viewpoints on the current state of conflict resolution from all 7 continents. This article focuses on North America.

Lenton Aikins

George Floyd: A Call to White Leadership

(6/20/20)Lenton Aikins

The purpose of this brief article is to respond to the article titled “George Floyd: What Leaders Need To Do Now,”published in Mediate.com and to offer some comments by a living black man whose paternal grandfather and grandmother were slaves.

Kenneth Cloke

A Transformational Approach to Conflicts Between Police, Demonstrators, and Communities of Color

(6/20/20)Kenneth Cloke

Every officer learns to use violence and the martial arts. How many learn empathy, compassion, and emotional intelligence?

Tom Stipanowich

Arbitration Conversation No. 5: Amy interviews Prof. Tom Stipanowich of the Pepperdine Caruso School of Law

(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.

Deborah Masucci

3rd Key - Education: Teach Mediation as a Core Subject Aligned to Real World Needs

(6/19/20)Barney Jordaan, Deborah Masucci

Mediation is rarely taught as a core subject in business schools, law schools and other professional curricula, despite the fact that an increasing number of jurisdictions now provide for some form of court sponsored mediation.

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