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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.

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.

Angela Herberholz

3rd Key-Education: Ensure the Future Through Mentoring and Practice Programs for New Mediators

(6/19/20)Angela Herberholz, Emma Ewert Keir

Practicing mediators with advanced knowledge, skills and experience need to support the next generations of mediators to ensure a positive and vibrant future of mediation.

3rd Key-Education: Include Learning in Psychology & Brain Science to Enhance Mediator Practice

(6/19/20)Tim Hicks, John Sturrock

Fundamentally, mediators work with people’s psychologies and identities, their worldviews and self-views - everything that makes up what it is to be a human being.

Joanna Kalowski

3rd Key-Education: Train Mediators to be Culture-wise, not Culture-blind

(6/19/20)Joanna Kalowski

Perplexed by the slow uptake of mediation in many places, is it time to wonder whether the mediation field has taken sufficient account of the centrality of culture?

Roseann Vanella

Using Mediation for Family Business Disputes

(6/19/20)Roseann Vanella

Being in business with family members involves some unique dynamics that are not present with other types of business arrangements.

Chinwe Egbunike-Umegbolu

Behind the Legal Frustration

(6/19/20)Chinwe Egbunike-Umegbolu

This paper focuses on the problems with litigation, the effectiveness of Arbitration in comparison with litigation and concludes by addressing the issue raised in the question relating to the effectiveness of arbitration in comparison to litigation.

Phyllis Pollack

Addressing Ethical Issues in Online Mediations

(6/19/20)Phyllis Pollack

Recently, I posted a blog about some of the ethical issues that might arise in mediating online using a video conferencing service. While I raised several issues, I did not address how to respond to the issues.

Vanessa Rose

Avoiding the Need for Workplace Dispute Resolution

(6/19/20)Vanessa Rose

Conflict arises in most workplaces at one point or another, but companies who take time to address the unmet needs of their employees may find that they have an easier time preventing or managing conflict overall.

Frank Lazzara

I Can Still Hear You Without the Hear-ing

(6/18/20)Frank Lazzara, MaryEllen Redmond

M&A arbitrations often do not require a hearing. In fact, when one considers the lack of detail within most M&A purchase and sale agreements an arbitration process without a hearing can seem quite fulsome. Transactional documents are often sufficient, when combined with an arbitrator’s initial joint party call, to advance most matters to the development of a proposed procedural timeline to specify the dispute resolution process without necessitating a live hearing.

Naimeh Masumy

Narrowing the information gap in appointment process: A mission of a legal tech start-up (Arbitrator Intelligence)

(6/17/20)Naimeh Masumy

The Covid-19 pandemic has led to a surge of interest in the form of alternative dispute resolution. In particular, arbitration has gained prominence, owing to its flexibility and pragmatism. Arbitration has been using technology more prominently than traditional litigation, despite complex cases involving the management of voluminous evidentiary records. In the face of a pandemic, arbitration is pivoting towards the digitalization of arbitral proceedings, bringing the aptitude of arbitrators in handling the challenges presented by the new era into focus.

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