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APFM, NAFCM, MBB & ACR Co-Sponsor National Mediation Policy Act!

(11/30/20)Mediate.com

The APFM, NAFCM, MBB & ACR have joined Mediate.com's groundbreaking efforts to set America on a better path by sponsoring the "National Mediation Policy Act" (NMPA). The Act declares a national policy favoring voluntary mediation over disputes being litigated, remaining unresolved or resulting in violence.

Mark Kantor

What the U.S. Election will Mean for Arbitration in the U.S.

(11/30/20)Mark Kantor

This article discusses the potential impact of the U.S. Presidential Election of 2020 on the arbitration landscape in the country.

Daniel Urbas

Canada - Court Declines to Intervene Regarding Counsel’s Alleged Conflict of Interest in Investor-State Arbitration

(11/29/20)Daniel Urbas

In Geophysical Service Incorporated v. Canada, Justice Martine St-Louis declined to intervene in a decision by Canada’s legal representative refusing to remove a member from the legal team representing Canada in an Investor-State arbitration.

Jim Melamed

How Mediation Thinking Saved the World

(11/27/20)Jim Melamed

Greetings from the future, 10 years in the future to be exact, November 28, 2030 to be even more precise. It is Thanksgiving Day 2030, and we are here testing a previously secret joint project of Mediate.com and Zoom wherein future text and image communications, up to 10 years into the future, can now be sent and published “backward in time.”  Crazy, I know.

Michael Fields

Ethical Standards for Neutral and Party-Appointed Arbitrators

(11/25/20)Michael Fields

This article discusses the different ethical standards applicable to cases of personal injury arbitrations which are conducted before a single neutral arbitrator, and pre-dispute arbitration agreements which require a panel of three neutral arbitrators.

Benjamin Stearns

Determination of Valid Arbitration Agreement May Be Dependent on “Outward Manifestations and Circumstances Surrounding the Transaction”

(11/25/20)Benjamin Stearns

In the recent case of Reichert v. Rapid Investments, Inc., the Ninth Circuit vacated the denial of a motion to compel arbitration and remanded for the determination of whether a valid arbitration agreement exists.

George Friedman

FINRA DRS Posts Stats Thru October: Some Reversions to Mean and Some Theories Validated

(11/25/20)George Friedman

FINRA Dispute Resolution Services (“DRS”) posted case statistics through October, with most numbers returning to near-normal during this abnormal year. And DRS Chief Berry has validated some of our theories on the trends.

Beth Graham

Artificial Intelligence and Arbitration: The Computer as an Arbitrator — Are We There Yet?

(11/25/20)Beth Graham

This article discusses the potential application of Artificial Intelligence (A.I.) to the field of arbitration and the numerous pros and cons that come along with this proposition.

Indraneel Gunjal

An Unusual Happening: A California Appellate Court Overrules an Arbitrator’s Decision

(11/24/20)Indraneel Gunjal

Recently, the California Court of Appeal in Richard Hale Brown v. TGS Management Company LLC has taken the unparalleled step of applying the California Business & Professions Code to dismiss an arbitration award that found a former employee to have violated the confidential information provisions of his Non-Disclosure Agreement.

Amy Schmitz

Arbitrating Tesla

(11/24/20)Amy Schmitz

The Ninth Circuit Court of Appeals has dashed a Tesla owner’s plea to avoid arbitration regarding a battery dispute.

Brian Farkas

Arbitration Conversation No. 34: Prof. Brian Farkas, Cardozo School of Law

(11/23/20)Brian Farkas, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Prof. Brian Farkas of Cardozo School of Law and attorney at Arent Fox LLP focusing on complex commercial litigation.

Sean Gander

How Can American Democracy Survive its Latest Conflict?

(11/23/20)Sean Gander

The world is watching one of the most divisive periods in American history.

Roseann Vanella

Holiday Parenting/Custodial Time during COVID-19

(11/23/20)Roseann Vanella

When considering whether or not to bring a child to a holiday gathering (such as Thanksgiving dinner at Grandma’s house for example), these and other factors need to be taken into consideration.

Beth Graham

Fifth Circuit Holds Federal Whistleblower Statute Does Not Exempt Former Employee’s Claims from Arbitration

(11/23/20)Beth Graham

Last month, the United States Court of Appeals for the Fifth Circuit, in Robertson v. Intratek Computer, Inc., held that a federal whistleblower statute did not render an arbitration agreement between a man and his former employer unenforceable.

Christine Sim

In Memoriam: How U.S. Supreme Court Justice Ruth Bader Ginsburg Influenced U.S. Perspectives on Arbitration and International Dispute Resolution

(11/20/20)Giorgio Sassine, Christine Sim, Kiran Gore

Justice Ruth Bader Ginsburg was only the second woman appointed to the U.S. Supreme Court bench. Her passing in September 2020, at the age of 87, left a gaping hole in the international community. In memory of her ideals and legacy, this post revisits a few of her lasting contributions to U.S. law and international dispute resolution.

John Brand

A Process for the Formulation of a School's Change Strategy

(11/20/20)John Brand, Felicity Steadman

Many South African Schools are facing demands to change and even to radically transform themselves. Some of these demands relate to the ‘isms’ such as racism, and other identity related issues.

Laila Ollapally

Lawyers Can Win in Mediation

(11/20/20)Laila Ollapally

This article discusses the process of mediation, and how a survey which brought out an existing anomaly between the need/expectation of the litigants regarding the role of their lawyers and the perception of the lawyers as to what their clients want from them.

John Barkai

Humor and Negotiations in ADR

(11/20/20)John Barkai

John Barkai has pulled together his best cartoons and captions to illustrate the mediation process. This can be a tool for visual learners to move through impasse.

George Friedman

Enforcement of $2 Billion ICSID Award Stayed While Internal Appeal is Pending at Arbitration Forum

(11/20/20)George Friedman

The District Court of Columbia declines for the time being to enforce a $2 billion ICSID Award against Egypt because an appellate arbitration proceeding is still pending.

Matthew Rosenbaum

The Wisdom Of Choosing A Retired Jurist For ADR

(11/20/20)Matthew Rosenbaum

During this year of COVID-19, courthouses have been repeatedly challenged with closures and delayed start-ups.

Nicolas Pimiento

Arbitration Conversation No. 33: Prof. Nicolás Lozada Pimiento from Universidad Externado de Colombia

(11/19/20)Nicolas Pimiento, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Nicolás Lozada Pimiento, a partner of the firm Rincón Cuéllar & Asociados and professor of arbitration, trade and business law at the universities Externado de Colombia, Javeriana, Sabana and Santo Tomás.

Jerry Barrett

In Memorium: Dr. Jerome Thomas Barrett 1932-2020

(11/18/20)Jerry Barrett

Dr. Jerome Thomas Barrett, a lifelong learner, amateur boxer, sailor, mediator, world traveler, marathon runner, author, civic activist and archivist with an enduring zest for life, an endless supply of stories and an infectious smile, died Nov. 5 of complications from lymphoma. He was 87.

Nicholas Peacock

India Amends Arbitration Law Relating To Enforcement Of Awards Tainted By Fraud And Arbitrator Qualifications

(11/18/20)Nicholas Peacock, Nihal Joseph

The Government of India recently passed the Arbitration & Conciliation Ordinance to amend the Indian Arbitration & Conciliation Act. It introduces provisions to stay the enforcement of arbitral awards affected by fraud and deletes certain sections related to qualification and accreditation of arbitrators.

Colin Rule

Online Mediation Training at Mediate University

(11/17/20)Colin Rule

One of Mediate.com’s most popular features over the last decade has been Mediate University.  From its launch with just a few courses in (2010), Mediate University has grown to a rich repository of courses from many of the leading mediation trainers in the world.

Jonathan Stoel

Foreign Investors Harmed by Trade Measures May Find Relief by Bringing Investment Arbitration Claims

(11/17/20)Jonathan Stoel, Juan Francisco Torres Landa, Michael Jacobson, Orlando Cabrera

A recent investor-state arbitration decision (Vento v. Mexico) under the investment chapter of the NAFTA demonstrates that foreign investors protected by an international investment agreement may submit arbitration claims that international trade regulatory and tariff measures breach the state's international obligations.

Boaz Morag

For Arbitrations in New York, It Matters Whether Federal or State Law Governs

(11/17/20)Boaz Morag, Katie Gonzalez

A recent New York Supreme Court Commercial Division decision precluded the petitioner from seeking to vacate an arbitral award because, although he objected to the jurisdiction of the arbitrators, he participated in the arbitration proceedings.

Jane Honoroff

Married Mediators: Brad and Jane Honoroff

(11/17/20)Jane Honoroff, Brad Honoroff

An interview with Brad and Jane Honoroff about their different conflict styles and the future of conflict resolution. Recorded and shared as part of the Mediation 2020 Conference.

Vanessa Naish

Draft ICC Rules 2021: Drawing a Line under Some Issues of Debate in Arbitration?

(11/16/20)Vanessa Naish, Rebecca Warder

In this article, the authors focus on three more substantive changes to the 'Draft' ICC Rules 2021, which seek to address long-running questions in arbitral practice and discuss why the ICC’s approach is likely to be of interest and importance to practitioners and users alike.

Beth Graham

SCOTX to Hear Reinstated Petition in Oil & Gas Arbitration Dispute

(11/16/20)Beth Graham

On Friday, the Supreme Court of Texas agreed to hear oral argument following the reinstatement of a petition for review regarding whether a non-signatory assignee may be compelled to arbitration following an indemnity dispute.

David Zacks

Why Mediation Is the Holy Grail for Health Care Disputes

(11/16/20)David Zacks

After trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced mediation is the best option for resolving cases while keeping your clients’ interests in mind, particularly for health care disputes.

Daniel Urbas

Canada – Resort to Arbitration Commercially Reasonable to Resolve Ambiguous Non-Compete Clause

(11/15/20)Daniel Urbas

In Way v. Schembri, the Court of Appeal for Ontario, Canada set aside a decision granting summary judgment which, had held that it was “commercially unreasonable” to consider that arbitration was suitable to resolve disputes over an ambiguous non-competition clause.

Natalie Davis

Research Shows How Changing the Narrative Can Open the Door to Conflict Resolution

(11/13/20)Natalie Davis

This article explores how the glorification of our ingroup (those whom we share identity with) contributes to conflict.

Phyllis Pollack

Rethinking How We Dress!

(11/13/20)Phyllis Pollack

This article examines if not conforming actually elevated one’s status.

George Friedman

SCOTUS Review Sought of Split Ninth Circuit Decision Holding That FAA Does Not Require Workers To Have Moved Goods Across State Lines

(11/13/20)George Friedman

The Supreme Court is being asked to review whether FAA Section 1 exempts from coverage only workers actually moving goods or people involved in interstate commerce.

Patrick Pearsall

The Biden Administration Approach to Investment Arbitration? Retail Multilateralism

(11/12/20)Patrick Pearsall

With the results of the U.S. presidential election announced last week, international lawyers are now looking closely at how the incoming Biden Administration will handle the many challenges facing the global legal order, including the Investor-State Dispute Settlement (ISDS) regime.

Santiago Dussan Laverde

Arbitration Conversation No. 32: Prof. Santiago Dussan, Pontificia Universidad Javeriana Cali

(11/12/20)Santiago Dussan Laverde, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews Santiago Dussan, Professor at the Pontificia Universidad Javeriana in Cali, Colombia.

Scott Levin

Can You Be a Litigator and a Mediator?

(11/12/20)Scott Levin

“You know what, Ken? A bad idea would be to let your client walk out of here today and drag this thing out for another year, wasting more time and more money," ~ The Wedding Crashers

Kathleen Young

Virtual Mediation Can and Must Be Done Right

(11/12/20)Kathleen Young

Use these strategies to avoid pitfalls and make the most out of virtual mediation. Especially during Covid-19, virtual mediation can and must be facilitated with excellence.

Kwame Christian

How to Bring Civility to Political Arguments

(11/12/20)Kwame Christian

Civility, respect, understanding, and the willingness to listen. These are core conversational virtues that are universally appreciated.

Victoria Clark

What Law Governs your Arbitration Clause? You Decide.

(11/11/20)Victoria Clark

This article considers why the law governing an arbitration clause matters, looks at the English common law rules for determining the governing law of an arbitration clause and suggests some simple practical steps to avoid problems in practice.

Simon Maynard

Adamakopoulos v Cyprus May Provide Blueprint for 'Mass Claims' in Investment Arbitration

(11/11/20)Simon Maynard

This case confirms that, in principle, investment treaty arbitration is amenable to so-called mass claims, including where they are brought by claimants of different nationalities, under more than one treaty and in relation to different investments.

Nicholas Peacock

English High Court Determines Issue of Law in Arbitral Proceedings at Request of Parties

(11/11/20)Nicholas Peacock, Rebecca Warder

In the recent decision in The Eternal Bliss, the English High Court determined a point of law regarding liquidated damages in the context of a standard form shipping contract, through a rare invocation of Section 45 of the English Arbitration Act, 1996.

Marian Grande

Good Faith in Mediation

(11/11/20)Marian Grande

Both parties must enter a mediation with good faith, meaning that the parties have the sincere intention of trying to find a resolution in the dispute.

Nouman Ali

Using Mediation Techniques to Manage Conflicts and Create a Healthy Work Environment

(11/11/20)Nouman Ali

It is not surprising that workplace conflict is one of the most talked-about topics in HR. Many different types of people work in an office, and the difference in opinions and personality is usually the cause of workplace conflict.

Clare Fowler

Build the Toolbox

(11/10/20)Clare Fowler

Mediate.com is launching a project with mediator-designed resources called Build the Toolbox.

Amy Schmitz

New Podcast on the ABA Website Regarding Online Dispute Resolution

(11/09/20)Amy Schmitz

There is a new Podcast up on the ABA main page regarding Online Dispute Resolution that includes consideration of online arbitration and mediation. It notes the importance of OArb, and its growth in the Age of Covid.

John Lande

Arbitration Conversation No. 31: Prof. John Lande, University of Missouri School of Law

(11/09/20)John Lande, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews John Lande, the Isidor Loeb Professor Emeritus and former director of the LLM Program in Dispute Resolution at the University of Missouri School of Law.

Noam Ebner

Cyberweek 2020: The Online Mediation Surge and ODR

(11/09/20)Noam Ebner

In this talk, Noam Ebner discusses the migration of the mediation profession online during the COVID-19 era, and the wider impacts of this phenomenon on the ODR field and on the practice of mediation, online and in traditional mediation rooms.

Stephen Erickson

Married Mediators: Marilyn McKnight and Steve Erickson

(11/09/20)Stephen Erickson, Marilyn McKnight

An interview with Marilyn McKnight and Stephen Erickson about the origins of family mediation, their different conflict styles, and the future of conflict resolution. Recorded and shared as part of the Mediation 2020 Conference.

Graham Ross

e-Arbitration in Smartsettle

(11/09/20)Graham Ross, Ernest Thiessen

Smartsettle’s algorithms enable their resolution assistance products to apply a new slant on Med-Arb. Rather than the sequential journey from mediation to failed mediation to arbitration, these systems offer a blending of mediation and arbitration.

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