Category: Uncategorized

What is Conflict Transformation? author.

What is Conflict Transformation?

I heard the term conflict transformation for the first time a few months ago, in a small committee meeting connected to my...

By Lorraine Segal
How to Deal with Conflict in a Healthy Way author.

How to Deal with Conflict in a Healthy Way

Most of us shy away from conflict, doing everything in our power to avoid it. However, living a life free...

By Sophie Bishop
Arbitration Tips-N-Tools (TNT): Round 3 author.

Arbitration Tips-N-Tools (TNT): Round 3

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about obtaining discovery in...

By Amy Schmitz, Daniel Urbas, DeAndra Roaché, George Friedman, Stacie Strong, Theo Cheng
The New DIFC-LCIA Arbitration Rules 2021 – Key Features author.

The New DIFC-LCIA Arbitration Rules 2021 – Key Features

This article first appeared on HSF Arbitration Notes, here. The updated DIFC-LCIA Arbitration Rules 2021 (“2021 Rules”) entered into force...

By Jean Hamilton-Smith, Nick Oury, Stuart Paterson
ADR Professionals as Both Mediators and Arbitrators in the Same Matter author.

ADR Professionals as Both Mediators and Arbitrators in the Same Matter

Before determining any processes in a two-step mediation and arbitration (med-arb), start with contemplating whether it is a good idea...

By Linda Michler
SIT-COMflicts author.

SIT-COMflicts

Mediation and Business Consulting by Kathleen Kauth.No matter what the issue, it seems that it only takes 1-2 episodes to...

By Kathleen Kauth
Arbitration Tips-N-Tools (TNT): Round 1 author.

Arbitration Tips-N-Tools (TNT): Round 1

In this round of Arbitration Tips-N-Tools (TNT), Professor Amy Schmitz asks some of the leading arbitration practitioners about filing arbitration...

By Amy Schmitz, Daniel Urbas, DeAndra Roaché, George Friedman, Theo Cheng
California Court of Appeal Extends the Reach of Section 16600 to Upset Arbitration Award Because of Alleged Overly Broad Confidentiality Provisions author.

California Court of Appeal Extends the Reach of Section 16600 to Upset Arbitration Award Because of Alleged Overly Broad Confidentiality Provisions

In an expansive recent ruling, the California Court of Appeal in Brown v. TGS Management Co., LLC reversed a judgment confirming an...

By Robert Milligan, Sierra Chinn-Liu
‘Tis the Season to Mediate or Arbitrate? author.

‘Tis the Season to Mediate or Arbitrate?

As an extraordinary year draws to a close and a brighter one (hopefully) beckons, we consider whether the compromises and...

By Daniel Gaw, Mark Mangan
Recent Developments in India-Related Arbitration author.

Recent Developments in India-Related Arbitration

This article first appeared on Herbert Smith Freehills Arbitration Notes, here. Herbert Smith Freehills has issued the latest edition of its...

By Nicholas Peacock
SEC Approves FINRA Chair Honoraria Increases author.

SEC Approves FINRA Chair Honoraria Increases

This article first appeared on the Securities Arbitration Alert (SAA) blog, here. The SEC has approved a FINRA proposal increasing...

By George Friedman
Canada – Protracted Costly Litigation Highlights “Perils Of Not Having A Dispute Resolution Mechanism Built Into A Contract” author.

Canada – Protracted Costly Litigation Highlights “Perils Of Not Having A Dispute Resolution Mechanism Built Into A Contract”

This article first appeared on Urbas Arbitral, here. In North Pacific Properties Ltd v. Bethel United Churches of Jesus Christ Apostolic...

By Daniel Urbas
New Protocol for Case Management in Online Arbitration author.

New Protocol for Case Management in Online Arbitration

As the COVID-19 pandemic has moved international arbitration online, the importance of case management platforms has come into a clearer...

By Colin Rule
NY Trial Court Objecting to FINRA Jurisdiction but Participating in Arbitration Not Enough to Vacate Award author.

NY Trial Court Objecting to FINRA Jurisdiction but Participating in Arbitration Not Enough to Vacate Award

This article first appeared on the Securities Arbitration Alert (SAA) Blog, here. A financial adviser who noted his continued objections...

By George Friedman
Mediate.com 20/20 Conference author.

Mediate.com 20/20 Conference

Mediate.com's 25th Anniversary 20/20 Conference This article reviews the key ideas from the 20/20 Conference, celebrating Mediate.com's 25th anniversary. Conference...

By Clare Fowler
Weaponization of COVID-19: Faux Force Majeure Infects Labor Arbitration author.

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

The University of Akron devised a plan to layoff/fire 100 unionized faculty members (including tenured) which the union representative challenged. ...

By Benjamin Davis
No Surprise Here: Arbitration Comes Up At Coney Barrett Confirmation Hearings author.

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

This article was first published on the Securities Arbitration Alert (SAA) blog, here. As we expected, arbitration came up at...

By George Friedman
The New ICC Rules 2021: What You Need to Know author.

The New ICC Rules 2021: What You Need to Know

This article first appeared on the Herbert Smith Freehills Arbitration Notes, here. The International Chamber of Commerce (ICC) has released...

By Craig Tevendale, Emily Fox, Laurence Franc-Menget, Rebecca Warder, Thierry Tomasi, Vanessa Naish
US Ct of Appeals Rejects Evident Partiality Arguments as Speculative author.

US Ct of Appeals Rejects Evident Partiality Arguments as Speculative

Yesterday, the US Court of Appeals for the 5th Circuit rejected vacatur of two arbitration awards for alleged “evident partiality,”...

By Mark Kantor
Certiorari Sought for Review of Fifth Circuit’s Ruling Interpreting a PDAA To Provide for a Nine-Arbitrator Panel author.

Certiorari Sought for Review of Fifth Circuit’s Ruling Interpreting a PDAA To Provide for a Nine-Arbitrator Panel

This article was first published in the SAA Blog, here. SCOTUS is being asked to take up whether to let...

By Theodore Ryan
The Ninth Circuit Holds that Amazon Drivers are Covered by the FAA’s Transportation Worker Exemption author.

The Ninth Circuit Holds that Amazon Drivers are Covered by the FAA’s Transportation Worker Exemption

On 19 August 2002, the Ninth Circuit Court of Appeals gave the latest guidance in the long-running dispute regarding the...

By Indraneel Gunjal
The Long Shadow of the FAA – Can Agencies Craft Arbitration Rules? author.

The Long Shadow of the FAA – Can Agencies Craft Arbitration Rules?

Recent years have not been kind to the public perception of arbitration, particularly arbitration involving consumer and employment disputes. Most...

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

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

One of the discernable impacts of the Covid-19 pandemic on arbitration has been the exponential rise of virtual hearings. By...

By Naimeh Masumy
Connecting Social Equity to Our Work author.

Connecting Social Equity to Our Work

From the Accord3.0 blog. What is social equity and how can it relate to our work as mediators and facilitators?...

By Layla Kilolu
Texas Resort And Spa To Pay Over $2.5 Million In National Origin Discrimination Suit author.

Texas Resort And Spa To Pay Over $2.5 Million In National Origin Discrimination Suit

Blog was guest written by Emma Hartman, Pollack Peacebuilding by Jeremy PollackLa Cantera Resort and Spa is in hot water...

By Emma Hartman
Megatrends in Law, Carrie Menkel-Meadow author.

Megatrends in Law, Carrie Menkel-Meadow

This video is presented as part of Mediate.com's 25th Anniversary Conference at www.mediate.com/Mediation2020.Access all Carrie Menkel-Meadow videos here. Carrie Menkel-Meadow...

By Carrie J. Menkel-Meadow
Amazon Asks Federal Court to Compel Arbitration in Alexa Children’s Privacy Lawsuit author.

Amazon Asks Federal Court to Compel Arbitration in Alexa Children’s Privacy Lawsuit

Disputing Blog by Karl Bayer, Victoria VanBuren, and Holly HayesRetail giant Amazon has reportedly asked a Washington federal court to...

By Beth Graham

About the Ostrich, the Micula Brothers, and other European Fables

Arbitration Blog‘By putting i ts head in the sand, the ostrich can see no problems, and if it can’t see...

By Gloria Alvarez
Back to the Future? – Not Likely author.

Back to the Future? – Not Likely

Mediation is evolving.  It should -- as many have stated in these columns -- remain connected to its roots in...

By Laura Kaster

The “Peter Principle” Revisited

In celebration of  its 20th year, Mediate.com has challenged us to think about the future.  Where should the field be...

By

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