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Jim Melamed

Mediate.com Announces Task Force to Support Online Mediation Training

(10/27/20)Jim Melamed, Forrest (Woody) Mosten

Jim Melamed, Board Chair of Mediate.com, is pleased to announce the establishment of a blue-ribbon Online Mediation Training Task Force, to be headed by Forrest R. (Woody) Mosten, to make recommendations on best practices and possibilities for both generally training mediators online and training mediators to perform online mediation.

Kayla Matthews

What Is E-Mediation?

(10/26/20)Kayla Matthews

The internet has become an indispensable business resource as more companies rely on online tools.

Sarah Daitch

Group Decision-Making on Complex Public Issues: An experiment with structure.

(10/26/20)Sarah Daitch, Jordi Honey-Rosés

This article is a comparison of two facilitation approaches to group decision-making.

Tsiptse Olga

Mediation In Greece

(10/26/20)Tsiptse Olga

This article discusses mediation in Greece, how the “Journey” started and the current situation.

George Friedman

Bipartisan House Bill Introduced to Amend FAA to Ban PDAA Enforcement for Physical Sexual Assault Claims

(10/26/20)George Friedman

A bipartisan bill has been introduced in the House to amend the Federal Arbitration Act (“FAA”) to restrict predispute arbitration agreement (“PDAA”) enforcement for disputes involving physical sexual assault claims.

Leon Chung

International Arbitration in Australia - The State of Play

(10/26/20)Leon Chung, Guillermo García-Perrote

International arbitration continues to play an increasingly important role in Australia. In this note, the authors canvass some of the key developments in the international arbitration space in 2020.

Dogan Gultutan

The Supreme Court in Enka v Chubb on the Law Applicable to the Arbitration Agreement – The Buck Stops Here

(10/26/20)Dogan Gultutan, Janek Bednarz

The UK Supreme Court affirmed the Court of Appeal’s conclusion that an arbitration agreement was governed by English law, not by Russian law -- but it reached this conclusion applying an entirely different line of reasoning and, in doing so, reversed the Court of Appeal’s default rule.

Wolf von Kumberg

Arbitration Conversation No. 28: International Arbitrator and Mediator Wolf Von Kumberg

(10/26/20)Wolf von Kumberg, Amy Schmitz

In this episode of the Arbitration Conversation Amy interviews International Arbitrator and Mediator Wolf Von Kumberg on investor/state arbitration and mediation.

Patricia Porter

Deescalating Verbal Attacks

(10/26/20)Patricia Porter

After 28 years of marriage, you wouldn’t be surprised to hear me say my husband I and get into arguments, at times.

Phyllis Pollack

Texting Your Way To Resolution!

(10/26/20)Phyllis Pollack

Perhaps in our lives we need to take a cue from hostage negotiators.

Noah Shaw

Review Analyzes Impact of Conflict and Stress on the Workplace

(10/26/20)Noah Shaw

With the advent of COVID-19, workplace conflict and stress have become front of mind problems for many organizations.

David Ross

Bedrooms, Bookcases, or Beaches: Choosing and Organizing Your Background with Purpose

(10/26/20)David Ross

Today’s post explores how best to present yourself in a virtual mediation.

Alberto Elisavetsky

An Academic Journal on Hispanic America Online Dispute Resolution

(10/26/20)Alberto Elisavetsky

The inaugural ODR journal: Opening Ways of Knowledge for Hispano America.

Rick Bales

Arbitration Conversation No. 27: Prof. Rick Bales of Ohio Northern School of Law

(10/21/20)Rick Bales

In this episode of the Arbitration Conversation Amy interviews Prof. Rick Bales of Ohio Northern School of Law on labor arbitration in the time of COVID.

Kimberlee Kovach

Married Mediators: Kim Kovach and Eric Galton

(10/20/20)Kimberlee Kovach, Eric R. Galton

An interview with Kim Kovach and Eric Galton about mediation, being married to a mediator, and the future of mediation. Recorded and shared as part of the Mediation 20/20 Conference.

Alberto Elisavetsky

Una Revista Academia Sobre ODR

(10/19/20)Alberto Elisavetsky

Abriendo Caminos de Conocimiento para LatinoAmerica

John Sturrock

Mediators Green Pledge

(10/19/20)John Sturrock

Promoting the Mediators Green Pledge is now the purpose of a new WoMACC site. It seems to be one way to commit to our future. I invite you to sign up to the Green Pledge and to promote it to those you know and work with.

Jim Melamed

Mediation 20/20 Conference - Day 3 Video

(10/19/20)Jim Melamed, Clare Fowler, Colin Rule

Mediation 20/20 Complete Day 3 Video: (1) Envisioning Mediation for a New Generation - Where Should We Go? Technology and New Generational Expectations; and (2) Moving Forward - How Do We Get There?

Craig Tevendale

The New ICC Rules 2021: What You Need to Know

(10/19/20)Craig Tevendale, Laurence Franc-Menget, Emily Fox, Vanessa Naish, Thierry Tomasi, Rebecca Warder

The International Chamber of Commerce (ICC) has released its 2021 Arbitration Rules in draft (the 2021 Rules). This is a “soft launch” with the current text still subject to editorial changes prior to their formal release in December. The 2021 Rules will come into force on 1 January 2021.

Daniel Urbas

Canada - Appointing Authority’s Breach of Appointment Provisions Raise No Reasonable Apprehension of Bias

(10/19/20)Daniel Urbas

In Grey v. Whitefish Lake First Nation, Justice Cecily Y. Strickland dismissed challenges to an arbitrator’s decision, applying correctness as the standard of review for questions of procedural fairness, including those which encompass issues of bias. Despite the appointing authority’s breach of the “clear and unambiguous” regulations for appointing the arbitrator, the breach was not raised on appeal and did not affect the procedural fairness of the arbitration.

George Friedman

No Surprise Here: Arbitration Comes Up At Coney Barrett Confirmation Hearings

(10/19/20)George Friedman

As we expected, arbitration came up at Judge Coney Barrett’s confirmation hearings. Also as expected, she declined to explain her past decisions.

Benjamin Davis

Weaponization of COVID-19: Faux Force Majeure Infects Labor Arbitration

(10/19/20)Benjamin Davis

The University of Akron devised a plan to layoff/fire 100 unionized faculty members (including tenured) which the union representative challenged. The arbitrator found the Covid pandemic to be within the “force majeure” clause of the union contract.

Clare Fowler

Because Mediators Deserve a Personality Test Too

(10/18/20)Clare Fowler

This is a personality test, just for those in the dispute resolution field. Because mediators deserve a personality test too.

Ehsan Ali

Mediation in Dollars and Sense

(10/16/20)Ehsan Ali, Alnoor Maherali

Conflicts impose many concealed costs in businesses, which can compound over time and damage an organization’s bottom line. While a manager or business leader may be uninterested in the good feelings that mediation can generate, they should care about mediation as a highly effective tool for improving their organization’s conflict resolution structure - and balance sheet.

Vicki Assegued

Mediating Conflict in the Time of Covid-19

(10/16/20)Vicki Assegued

This article addresses internal and external skills for mediators to use during this time of Covid-19, to raise awareness of internal biases, and shift those biases in order to skillfully mediate for our clients.

Paul Rajkowski

One Shovel at a Time

(10/16/20)Paul Rajkowski

This article discusses "Raising Traditional Mediation - Becoming an Invisible Mediator."

Cinnie Noble

The Aim of Argument

(10/16/20)Cinnie Noble

It seems that sometimes when we begin to have an argument with someone the focus isn’t on moving things forward.

Dan Simon

A Transformative Mediator Intervening in a Commercial Would-Be Dispute

(10/16/20)Dan Simon

On September 15th, 2020 IDI, the International Distribution Institute organized a webinar focused on possible solutions for re-starting distribution and retail/franchising relationships which have suffered difficulties during lock- down, and which are still suffering difficulties in order to adapt to the restrictive measures imposed by the COVID pandemic.

The Singapore Convention and the JAMS/SCMC Joint Mediation Panel

(10/16/20)Gary Birnberg, Ranse Howell

This article discusses new opportunities for cross-border mediation, collaboration and dialogue.

Beth Graham

Evaluating Mediation’s Future

(10/16/20)Beth Graham

In her journal article, Professor Archerd advocates for using facilitative techniques to distinguish mediation from other alternative dispute resolution mechanisms.

John Lande

Asynchronous Instruction in this Year of Living Dangerously

(10/16/20)John Lande

Probably every student and instructor has had difficult challenges this year accommodating to the routines needed because of the pandemic.

Josh Srago

Envisioning Online Dispute Resolution (ODR) for Internet Service Provider Outages

(10/15/20)Josh Srago

Before the pandemic, losing your internet connectivity was frustrating; now, losing connectivity can truly be detrimental to your health and safety. This article proposes a new model for redress where independent ombudspersons help consumers get fair redress for lost connections, enabling equitable outcomes and leveling the playing field.

Colin Rule

Getting the Most from Mediate.com

(10/14/20)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.

Gilbert Samberg

Seventh Circuit Holds That Foreign and International Commercial Arbitrations Do Not Receive U.S. Judicial Assistance In Discovery Under 28 U.S.C. §1782(a)

(10/13/20)Gilbert Samberg

The Seventh Circuit is the latest Court of Appeals to enter the fray concerning the scope of application of 28 U.S.C. §1782(a), finding additional reasons to hold that a foreign or international commercial arbitration is not a “foreign or international tribunal” for purposes of the statute and hence not entitled to its benefits.

George Friedman

Does 28 USC Section 1782 Provides for Discovery in Aid of Private, Foreign, Commercial Arbitration?

(10/13/20)George Friedman

Joining the Second and Fifth Circuits, the Seventh Circuit holds that 28 USC Section 1782 does not provide for discovery in aid of private, foreign, commercial arbitration. And the District of Delaware follows suit for the second time.

Daniel Urbas

Canada – Agreement Giving One Party Privileged Position to Designate Arbitrator Subject to “Blue-Pencil” Severance

(10/13/20)Daniel Urbas

In Caron v. 7834101 Canada Inc. (Triviom à Charlemagne), Justice Stéphane Lacoste severed a portion of an agreement to arbitrate which violated the rule against places one party in a privileged position with respect to the designation of the arbitrator. But rather than declare null the entire agreement to arbitrate, Lacoste J. struck the provision, likening the relief to the “blue-pencil” severance explained and applied in Shafron v. KRG Insurance Brokers (Western) Inc.

Clare Fowler

Mediation 20/20 Conference - Day 2 Video

(10/13/20)Clare Fowler, Jim Melamed, Colin Rule

Mediation 20/20 Day 2 Video: The current state of the field: obstacles and opportunities.

Kenneth Cloke

Married Mediators: Joan Goldsmith and Ken Cloke

(10/13/20)Kenneth Cloke, Joan Goldsmith

An interview with Joan Goldsmith and Ken Cloke about mediation, being married to a mediator, and the future of mediation. Recorded and shared as part of the Mediation 20/20 Conference.

John Lewis

Florida Decision Involving Workers Unable to Read English Illustrates the Basics for an Enforceable Arbitration Agreement

(10/12/20)John Lewis

This article discusses the case of Gustave v. SBE ENT Holdings, LLC., where the US District Court for the Southern District of Florida detailed the requirements for an enforceable employee arbitration agreement.

John Curley

Two Arbitrators Address the COVID Pandemic as a Force Majuere Event

(10/12/20)John Curley

Two recent awards involve questions concerning the existence or impact of the Coronavirus as a force majeure event, potentially excusing claimed violation of the parties' agreements.

Alnoor Maherali

Why We Caucus

(10/09/20)Alnoor Maherali, Ehsan Ali

To come together, sometimes we need time apart.

Heather Kennedy

Creating Accessible Mediation

(10/09/20)Heather Kennedy

This paper summarizes legal and ethical reasons for accessible meditations and provides a summary of how to accomplish this goal.

Jay Kakani

Mediation: A Peacemaking and Peacekeeping Tool in International Relations

(10/09/20)Shreya Sukhtankar, Jay Kakani

International mediation has become one of the most significant methods of managing cross-border conflicts. In this article, the authors have traced the emergence of mediation in international relations over the years.

Mediated Settlement Agreements in India - To Enforce or Not ?

(10/09/20)Ved Thakur, Yash More

Article 30 of the UNCITRAL Model Law on International Commercial Arbitration encourages resolution of disputes through a settlement between parties by way of mediation.

Lorraine Segal

Fight or Flight & Other So-So Responses to Conflict

(10/09/20)Lorraine Segal

Fight, Flight, Freeze—that what neurobiologists say are our ancestral (and current) unconscious response choices in a threatening or conflict situation.

Phyllis Pollack

The Dissonance Within Us

(10/09/20)Phyllis Pollack

Some of us are in a conflict; we “…are motivated more by a desire to appear moral than to actually be moral.”

October Month of Conflict Resolution Week 2: Featuring 4 Peacebuilding Think-Tanks Across the World

(10/09/20)Anupriya Kukreja

As part of our special series for Conflict Resolution Month this October, this is our second article where we have highlighted the following research institutes and think tanks across the world.

Michael Jacobs

A Beginners Guide to Mediation - If you Aren't Doing Empathy or Curiosity, You Probably Aren't Mediating ...

(10/09/20)Michael Jacobs

Learning to mediate has been likened to learning to speak another language. Personally, I think it’s more difficult than that.

Daniel Urbas

Canada – Court Denies Tenant Relief from Forfeiture where Tenant Disregards Arbitration

(10/08/20)Daniel Urbas

In Hunt’s Transport Limited v. Eagle Street Industrial GP Inc., Justice David A. Broad refused to exercise his discretion to grant a commercial tenant relief from forfeiture given the tenant’s refusal to abide by its obligation to continue performance during arbitration of its disputes with the landlord.

Daniel Urbas

Canada – Court Acknowledges Commercial Interest in Arbitration as Alternative to Court Litigation

(10/07/20)Daniel Urbas

In Hannam v. Medicine Hat School District, Alberta’s Court of Appeal assessed the practical significance of its earlier five-judge panel decision in Weir-Jones Technical Services Incorporated v Purolator Courier Ltd, which considered the benefits of summary judgment. In doing so, the majority and dissent both commented on the promised benefits of arbitration in contrast to court litigation, and this article highlights the relevant passages to illustrate those contemporary comments.

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