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Dignity & Respect in Mediation
September 26, 2013
My view, as I close in on 3,000 mediations conducted, is that nothing is more important to my work as a commercial mediator than the linked concepts of dignity and respect. Respect is what I do (or, sadly, sometimes don’t do) to others. Dignity is the sense of well-being that others have as a result of being treated with respect. In previous posts I have described how, for me, mediation is all about parties making “good decisions, all things considered”. In my experience, it is unrealistic...
September 26, 2013
My view, as I close in on 3,000 mediations conducted, is that nothing is more important to my work as a commercial mediator than the linked concepts of dignity and respect. Respect is what I do (or, sadly, sometimes don’t do) to others. Dignity is the sense of well-being that others have as a result of being treated with respect. In previous posts I have described how, for me, mediation is all about parties making “good decisions, all things considered”. In my experience, it is unrealistic...
The Arbitrator’s Power of Suggestion
September 26, 2013
One of the least discussed powers of the Arbitral Tribunal is the power of suggestion. Professor Piero Bernardini, a well-reputed continental arbitrator and scholar, has described the arbitrator’s task in achieving an efficient process as “a balance between ‘proactive and judicious efforts’ to move proceedings forward in an efficient manner while at the same time ensuring respect for party autonomy and equality.” Volumes have been written about arbitral efficiency and party autonomy...
September 26, 2013
One of the least discussed powers of the Arbitral Tribunal is the power of suggestion. Professor Piero Bernardini, a well-reputed continental arbitrator and scholar, has described the arbitrator’s task in achieving an efficient process as “a balance between ‘proactive and judicious efforts’ to move proceedings forward in an efficient manner while at the same time ensuring respect for party autonomy and equality.” Volumes have been written about arbitral efficiency and party autonomy...
Roundup of Motions to Compel Involving Non-Signatories to Arbitration Agreements
September 26, 2013
Michael Wolgin of Jorden Burt LLP has compiled a useful roundup of recent motions to compel involving non-signatories to arbitration agreements: Four recent decisions considered whether to compel arbitration in the context of non-signatories and multiple agreements and claims. The decisions highlight different doctrines relevant to this analysis, including equitable estoppel, third-party beneficiary, and agency principals. Murphy v. DirecTV, Inc., No. 11-57163 (9th Cir. July 30, 2013) (reversing...
September 26, 2013
Michael Wolgin of Jorden Burt LLP has compiled a useful roundup of recent motions to compel involving non-signatories to arbitration agreements: Four recent decisions considered whether to compel arbitration in the context of non-signatories and multiple agreements and claims. The decisions highlight different doctrines relevant to this analysis, including equitable estoppel, third-party beneficiary, and agency principals. Murphy v. DirecTV, Inc., No. 11-57163 (9th Cir. July 30, 2013) (reversing...
The Smartest Negotiators in the Room Warn Us Not to Make the 5 Top Business Bargaining Boo Boos
September 26, 2013
In a special free report from the Program on Negotiation at Harvard Law School, the smartest negotiatiators in the room...
September 26, 2013
In a special free report from the Program on Negotiation at Harvard Law School, the smartest negotiatiators in the room...
US Military Scientists Solve the Fundamental Problem of Viral Marketing
September 25, 2013
Viral messages begin life by infecting a few individuals and then start to spread across a network. The most infectious end up contaminating...
September 25, 2013
Viral messages begin life by infecting a few individuals and then start to spread across a network. The most infectious end up contaminating...
Round-Up Of Federal Decisions Involving Questions of Arbitrability
September 25, 2013
Mortensen v. Bresnan Communications, LLC, No. 11-35823 (9th Cir. July 15, 2013) (vacating district court order declining...
September 25, 2013
Mortensen v. Bresnan Communications, LLC, No. 11-35823 (9th Cir. July 15, 2013) (vacating district court order declining...
Use of Mediation Increasing in Technology Agreements and Disputes
September 25, 2013
A survey conducted by the World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center shows increasing...
September 25, 2013
A survey conducted by the World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center shows increasing...
Dallas COA Holds Arbitral Record Sufficient to Support Summary Judgment in Insurance Dispute
September 25, 2013
The Dallas Court of Appeals has granted partial summary judgment in an insurance dispute that arose following arbitration. ...
September 25, 2013
The Dallas Court of Appeals has granted partial summary judgment in an insurance dispute that arose following arbitration. ...
Texas Supreme Court Declines to Review Arbitration Order in Natural Gas Case
September 25, 2013
The Supreme Court of Texas has declined to review a First District Court of Appeals decision requiring arbitration in a natural gas contract dispute. In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., No. 01-12-00345-CV (Tex. App. 1st February 28, 2013), Houston’s First Appellate District compelled the case to arbitration despite that arbitration was not expressly required under the parties’ agreement because the dispute could not be decided without considering another contract...
September 25, 2013
The Supreme Court of Texas has declined to review a First District Court of Appeals decision requiring arbitration in a natural gas contract dispute. In Enterprise Field Services, LLC v. TOC-Rocky Mountain, Inc., No. 01-12-00345-CV (Tex. App. 1st February 28, 2013), Houston’s First Appellate District compelled the case to arbitration despite that arbitration was not expressly required under the parties’ agreement because the dispute could not be decided without considering another contract...
Judicial Conference of the United States Approves Additional Cost-Saving Measures
September 24, 2013
The Judicial Conference of the United States today approved the latest in a series of cost cutting measures, taking steps to: Assure there is no overall growth in courthouse space, effective immediately; Reduce the square footage occupied by the Judiciary by the end of Fiscal Year 2018; Seek legislation that would avoid the costs associated with mandatory minimum sentences; and Seek legislation to allow for early termination of supervised release for defendants who no longer present...
September 24, 2013
The Judicial Conference of the United States today approved the latest in a series of cost cutting measures, taking steps to: Assure there is no overall growth in courthouse space, effective immediately; Reduce the square footage occupied by the Judiciary by the end of Fiscal Year 2018; Seek legislation that would avoid the costs associated with mandatory minimum sentences; and Seek legislation to allow for early termination of supervised release for defendants who no longer present...
