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Karen Aurit

Courage is a Choice

(3/03/21)Karen Aurit, Michael Aurit

It is a choice to be courageous in family conflict, and an important one.

Roseann Vanella

Using Mediation to Develop a Prenup that Satisfies Both Parties

(2/26/21)Roseann Vanella

My last mediation of 2020 was for a prenuptial agreement, and to me it was kind of a sign of hope for the year to come.

Kathleen Kauth

CON·FLICT

(2/26/21)Kathleen Kauth

This article discusses the importance of sticking your neck out during conflict.

Richard Birke

[NAWJ Podcast] Technology in the Courts and in ADR: Meeting the Moment

(2/26/21)Richard Birke

JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.

Amanda Singer

How Do We Tell our Friends We’re Getting a Divorce?

(2/26/21)Amanda Singer

Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?”

Maurice Ford

Progressive Discipline, the Misunderstood Frontier

(2/26/21)Maurice Ford, Bruce Ally

Since most employers will be faced with challenges from employees on an ongoing basis it is our intention to explore these ideas and expand on the concepts.

Julian Granka Ferguson

Adversarial Ethics and the Responsibilities of Mediation Associations

(2/26/21)Julian Granka Ferguson

Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.

Antranik Chekemian

CEDR’s Eileen Carroll: Her Mediation Story

(2/26/21)Antranik Chekemian

F. Peter Phillips, director of New York Law School’s Alternative Dispute Resolution Skills Program, welcomed an online audience earlier this month as part of the program’s long-running lunchtime speaker series for a session with veteran U.K. mediator Eileen Carroll.

LaDawn Whiteside

Certified Eviction Mediators in Montana -- by videoconference and in person

(2/25/21)LaDawn Whiteside, Temple McLean, Chandler Rowling

The effect of COVID 19 is broader than paying for rent. We looked for options.

Tony Guise

A Tale of Two Pilots: A comparison of civil justice innovation in New York State and England & Wales

(2/25/21)Tony Guise

Two recent announcements of pilot programs on either side of the Atlantic bring in to sharp focus steps being taken to bust the Backlog of civil cases in two jurisdictions.

Nathan Vu

Ways to Practice Building Your Emotional Intelligence

(2/25/21)Nathan Vu

Emotional intelligence (EQ) plays a major part in negotiation.

Stacie Strong

African Arbitration Association Launches The African Arbitration Atlas

(2/23/21)Stacie Strong

The African Arbitration Association has just published the African Arbitration Atlas, which constitutes a free online resource including African arbitration and a directory of African international arbitrators.

Colin Rule

Getting the Most from Mediate.com

(2/23/21)Colin Rule

This PDF presentation from Mediate.com CEO Colin Rule reviews available Mediate content, resources, and services to help you develop and promote your mediation services.

Benjamin Stearns

Sixth Circuit Reverses Order Finding Employment Arbitration Agreement Void Due to Coercion

(2/22/21)Benjamin Stearns

In Solomon v. Carite Corporate, the District Court for Eastern District of Michigan found the arbitration agreement between an Employer and an Employee to be invalid on grounds of coercion, however, on appeal, the Sixth Circuit reversed this decision.

Elan E. Weinreb

Of Pandemic and Perseverance: NYCLA’s ADR Committee Makes Lemonade Out of Lemons in 2020

(2/19/21)Elan E. Weinreb, Chris Fladgate, Nelson Timken

Among many challenging occurrences, the deadly coronavirus pandemic, protest-related violence resulting from deplorable civil rights violations, natural disasters, and all-too-regular political shockwaves— ultimately culminating in unprecedented siege and sorrow at the Capitol—definitively made 2020 humanity’s “year of the lemon.”

Mary Salisbury

Keeping the Marital Home in Divorce and Pitfalls for the Unwary

(2/19/21)Mary Salisbury

In most marriages there is a marital home/the kids' childhood home and it’s often the largest asset--and the largest source of conflict.

Lorraine Segal

Blind Spots and Conflict

(2/19/21)Lorraine Segal

Shining a light on your blind spots can help you with conflict.

Katherine Graham

Why are LGBT+ Employees Still More Likely to be Involved in Workplace Conflict?

(2/19/21)Katherine Graham

New CIPD research suggests that more than four in 10 LGBT+ employees have experienced workplace conflict in the past year.

John Lande

ADR’S Place in Navigating a Polarized Era

(2/19/21)John Lande

Analyzing ADR can be like wrestling an octopus.

Lena Borrelli

How to Find Help From Domestic Violence

(2/18/21)Lena Borrelli

This article looks at how to prevent violent conflicts, especially while quarantined.

Daniel Urbas

Canada – Enforcing Award’s Remedy Excludes Substituting Court’s Own Remedy

(2/18/21)Daniel Urbas

In Abittan v. Wilcox, Justice Frederick L. Myers reiterated the “consequences” of agreeing to submit disputes to arbitration. Myers J. explained that Arbitration Act, 1991 did not authorize him to change the remedy ordered in an award as this would be substituting the court’s award for that of the arbitrator.

Scott Levin

Money Buys Happiness

(2/18/21)Scott Levin

There’s something about the beginning of a new year that means making big changes.

Charles Crumpton

Rule of Law in the New Abnormal - Webinar

(2/18/21)Charles Crumpton

New Leadership, New Choices. The host for this episode is Chuck Crumpton. The guests for this episode are James Alfini, Benjamin Davis, Jeff Portnoy, and Vernellia Randall.

Ludvig Hambraeus

Arbitration Conversation No. 47: Ludvig Hambraeus of the Chartered Institute of Arbitrators

(2/17/21)Ludvig Hambraeus, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Ludvig Hambraeus, Policy & Public Affairs Executive with the Chartered Institute of Arbitrators in London, UK.

George Friedman

The Presidents and Arbitration: From Washington to Biden: An Update

(2/17/21)George Friedman

This is an update from the author's 2016 blog post on the Presidents and arbitration. The material that follows about the past presidents is mostly repeated from his original blog post with the last two sections being updated.

Chiraag Shah

The New ICC Arbitration Rules

(2/16/21)Chiraag Shah, Gemma Anderson, Pietro Grassi, Matthew Rodin

The ICC has hit the ground running in the new year with its 2021 Arbitration Rules, which came into force on, and, apply to cases filed from 1 January 2021. The 2021 Rules mark the second update of arbitration rules by a major arbitral institution after the beginning of the COVID-19 pandemic.

Linda Michler

Arbitration Tips-N-Tools (TNT): Round 7

(2/15/21)Linda Michler, Amy Schmitz

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about Stepped Processes in an Online Environment, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

George Friedman

FINRA DRS Postpones In-Person Hearings through April. Are Virtual Hearings Driving Down Customer Recoveries? These Researchers Say “Yes”

(2/15/21)George Friedman

FINRA’s Office of Dispute Resolution Services has again administratively postponed all in-person arbitration and mediation hearings, and a new report – not from FINRA – concludes that virtual hearings may have harmed investor recovery rates.

Jharna Jagtiani

Innovative Ways to Use Mediation (other than Dispute Resolution)

(2/12/21)Jharna Jagtiani, Aanchal Gupta

Mediation is traditionally used as a means of dispute resolution where parties can come together, call a timeout and reach a mutually acceptable solution.

Phyllis Pollack

Clash of Approaches

(2/12/21)Phyllis Pollack

I have had several mediations lately in which the approach of the parties clashed.

Is ADR the Cure for COVID-19-Related Litigation?

(2/12/21)Steven Bauer

The benefits of having a neutral with life sciences experience to resolve your disputes.

John Lande

Lawyers are from Mars, Clients are from Venus– and Mediators Can Help Communicate in Space

(2/12/21)John Lande

Litigation often is extremely stressful for clients, and the process aggravates feelings of loss and grief, which interfere with their ability to negotiate effectively and reach agreements.

James Turner

Witness Recollection and International Arbitration

(2/12/21)James Turner

A recent report from the ICC, titled 'The Accuracy of Fact Witness Memory in International Arbitration', covers the work undertaken by the ICC on Maximising the Probative Value of Witness Evidence. This article reviews the ICC Report’s findings and asks whether it advances matters.

Paul Rajkowski

Shovel 2 - Saving Traditional Mediation

(2/12/21)Paul Rajkowski

Traditional mediation is about needs and the process that meets those needs- dialogue and self-determination.

Chirag Balyan

Promoting Research in International Arbitration; NLU Mumbai Launches an Open Access Online Journal

(2/12/21)Chirag Balyan

The legislature and courts in India are making consistent and systematic attempts to create an arbitration-friendly atmosphere. And to fill the vacuum in arbitration academia in India, the Maharashtra National Law University Mumbai had set up Centre for Arbitration and Research in the year 2019.

Amanda Singer

A First-Hand Experience with My Premarital Agreement

(2/12/21)Amanda Singer

One of the questions I used to get asked most often by my clients was whether I was married, and until recently, the answer to that had always been no, which then often their follow-up question was, are you ever going to get married?

Jacob Kaplan

District Court Confirms Enforcement of Foreign Arbitral Award, Denying Arguments that Tribunal was Not Impartial and Enforcement was Contrary to U.S. Public Policy

(2/11/21)Jacob Kaplan, Thomas Tysowsky

In Pao Tatneft v. Ukraine, the Petitioner initiated arbitration against the Ukrainian government regarding the parties’ joint ownership of a company alleging that Ukraine had violated a Russia-Ukraine BIT by failing to grant legal protection to and allowing discrimination against, investors from Russia.

Frank Hamilton

Mediation For Project Managers: Way To Resolve Your Conflicts

(2/11/21)Frank Hamilton

Conflicts arise regularly within any team or institution, and there are several options you can use to resolve them.

Colm Brannigan

The Ten or Twelve Top Reasons (More or Less) for Not Mediating a Dispute - Revisited

(2/11/21)Colm Brannigan

At the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.

Frank Burke

Mediating and Resolving COVID-19 Related Contract and Commercial Lease Disputes

(2/11/21)Frank Burke

The COVID-19 pandemic and a series of government shutdown orders have negatively impacted many contracts and commercial leases, either preventing or slowing performance and upending the expectations of contracting parties.

Anwar Kashif Mumtaz

Why are Lawyers Good Mediators?

(2/11/21)Anwar Kashif Mumtaz

In court, a lawyer’s role may be likened that of the client’s champion, and in most cases they represent their clients with great focus and passion.

Dawn Bedlivy

H.E.R.E are the Steps You Need to Take to Have a Transformational, Conflict-Positive Conversation

(2/11/21)Dawn Bedlivy, Kim Faircloth

By the time Lee visited HR to request a mediation, he was frustrated and mad.

DeAndra Roaché

Arbitration Conversation No. 46: Arbitrator, Mediator, and Trainer DeAndra Roaché of Cynergis ADR

(2/10/21)DeAndra Roaché, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews DeAndra Roaché, an experienced arbitrator, mediator, and trainer, as well as the founder of Cynergis ADR, about arbitration in the railroad industry and how railroad arbitration proceeds.

Kenneth Glasner

An Argument Against Using the Supreme Court Rules in UMP Arbitrations

(2/09/21)Kenneth Glasner

The author urges arbitration counsel to opt away from importing traditional court rules, cautioning them not to squander the updated procedural benefits introduced by B.C.’s new Arbitration Act SBC 2020, c 2 for statutory arbitration on underinsured motorists.

Marian Grande

Valentines Day and Divorce

(2/09/21)Marian Grande

Valentine’s Day; the most romantic day of the year. Some love it, some hate it, but you cannot deny that Valentine’s Day is synonymous with love, affection, adoration, chocolates, and flowers.

George Friedman

FINRA Year-end Stats 2020: Average in Some Respects; in Other Ways, a Most Uncommon, Even Unique, Year

(2/09/21)George Friedman

This review of the latest FINRA dispute resolution stats update is provided by Rick Ryder, President of SAC, Inc. and SAC's ARBchek - securities arbitration's first arbitrator evaluation service.

Amy Schmitz

Arbitration Tips-N-Tools (TNT): Round 6

(2/08/21)Julie Hopkins, Rachel Goedken, Linda Michler, Amy Schmitz

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about drafting Arbitration Clauses, especially in a digital world and faced with the complexities of the Covid-19 pandemic.

Kenneth Cloke

20 Proposals to Resolve Electoral Conflicts and Strengthen Democracy

(2/08/21)Kenneth Cloke

Electoral democracy has gone through a period of profound conflicts, yet each unique conflict points us toward potential solutions and more collaborative processes.

Oran Kaufman

Timing is Everything Again

(2/08/21)Oran Kaufman

They say that in real estate the key is “location, location, location.” It could certainly be argued that in mediation the parallel is “Timing, timing, timing.”

Daniel Urbas

Canada – For those SCC Justices Willing to Consider it, Vavilov Applies to Private Commercial Arbitration where Legislation Provides for Appeal

(2/08/21)Daniel Urbas

In Greater Vancouver Sewerage & Drainage District v. Wastech Services Ltd., the Canadian Supreme Court was presented with an opportunity to consider the effect of Canada v. Vavilov, on the standard of review principles applicable to appeals of commercial arbitration awards.

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