(3/03/21)Karen Aurit, Michael Aurit
It is a choice to be courageous in family conflict, and an important one.
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.
This article discusses the importance of sticking your neck out during conflict.
JAMS has developed a multi-pronged strategy to offer virtual ADR to its clients.
Recently I had a client ask me, “How do we say to our friends we’re getting a divorce?”
(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.
(2/26/21)Julian Granka Ferguson
Adversarial ethics, or the ethics of competition, are an unfortunately overlooked field of moral philosophy.
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.
(2/25/21)LaDawn Whiteside, Temple McLean, Chandler Rowling
The effect of COVID 19 is broader than paying for rent. We looked for options.
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.
Emotional intelligence (EQ) plays a major part in negotiation.
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.
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.
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.
(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.”
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.
Shining a light on your blind spots can help you with conflict.
New CIPD research suggests that more than four in 10 LGBT+ employees have experienced workplace conflict in the past year.
Analyzing ADR can be like wrestling an octopus.
This article looks at how to prevent violent conflicts, especially while quarantined.
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.
There’s something about the beginning of a new year that means making big changes.
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.
(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.
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.
(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.
(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.
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.
(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.
I have had several mediations lately in which the approach of the parties clashed.
The benefits of having a neutral with life sciences experience to resolve your disputes.
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.
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.
Traditional mediation is about needs and the process that meets those needs- dialogue and self-determination.
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.
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?
(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.
Conflicts arise regularly within any team or institution, and there are several options you can use to resolve them.
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.
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.
(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.
(2/11/21)Dawn Bedlivy, Kim Faircloth
By the time Lee visited HR to request a mediation, he was frustrated and mad.
(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.
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.
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.
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.
(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.
Electoral democracy has gone through a period of profound conflicts, yet each unique conflict points us toward potential solutions and more collaborative processes.
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.”
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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.