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Early Neutral Evaluation
January 5, 2015
Early Neutral Evaluation (ENE), also referred to as case evaluation or early case assessment, is a fairly recent addition to the types of alternative dispute resolution techniques available to practitioners and the courts. Pioneered in the 1980s by Judge Wayne Brazil of the Northern District of California, ENE is an “informal process in which a third-party evaluator provides a non-binding evaluation of the matters in controversy, assists the parties in identifying areas of agreement, offers...
January 5, 2015
Early Neutral Evaluation (ENE), also referred to as case evaluation or early case assessment, is a fairly recent addition to the types of alternative dispute resolution techniques available to practitioners and the courts. Pioneered in the 1980s by Judge Wayne Brazil of the Northern District of California, ENE is an “informal process in which a third-party evaluator provides a non-binding evaluation of the matters in controversy, assists the parties in identifying areas of agreement, offers...
News Round-up: Tech Awards
December 30, 2014
Turning now to online dispute resolution, which is something I thought would take off far more quickly than it actually has. Way back in 2001, I wrote an article about services offering ODR, almost all of which are now defunct. That is finally changing, with ODR gaining broader acceptance, as evidenced by the recent announcement by Modria.com that its ODR platform was recently adopted by the Ohio Board of Tax Appeals to provide an online resolution center for cases there. “Taxpayers, agents, and attorneys...
December 30, 2014
Turning now to online dispute resolution, which is something I thought would take off far more quickly than it actually has. Way back in 2001, I wrote an article about services offering ODR, almost all of which are now defunct. That is finally changing, with ODR gaining broader acceptance, as evidenced by the recent announcement by Modria.com that its ODR platform was recently adopted by the Ohio Board of Tax Appeals to provide an online resolution center for cases there. “Taxpayers, agents, and attorneys...
Fast-Growing Startup Challenges the Legal System
December 20, 2014
An Interview with Mark Deuitch, Founder and CEO of PeopleClaim.com Mike Ragogna: Mark, tell us about PeopleClaim.com....
December 20, 2014
An Interview with Mark Deuitch, Founder and CEO of PeopleClaim.com Mike Ragogna: Mark, tell us about PeopleClaim.com....
Predicting the Future of Mediation
December 8, 2014
I should know better and follow the advice a friend once gave me when he said: “Peter, a shut mouth gathers no foot.”...
December 8, 2014
I should know better and follow the advice a friend once gave me when he said: “Peter, a shut mouth gathers no foot.”...
Dispute Resolution Evolution
November 21, 2014
Almost every industry has been affected by the expansion of information and communications technology, from medicine to finance to entertainment. A practitioner plucked from each of those fields 30 years ago would find it difficult to recognize the modern equivalent in 2014. However, the legal field has not changed in a similar way. While there has been some progress over the past decades (including online legal research, e-filing, e-discovery, and outsourcing) legal practice today still bears quite...
November 21, 2014
Almost every industry has been affected by the expansion of information and communications technology, from medicine to finance to entertainment. A practitioner plucked from each of those fields 30 years ago would find it difficult to recognize the modern equivalent in 2014. However, the legal field has not changed in a similar way. While there has been some progress over the past decades (including online legal research, e-filing, e-discovery, and outsourcing) legal practice today still bears quite...
Use and Perception of International Commercial Mediation and Conciliation
November 20, 2014
This report provides preliminary findings from the first-ever large-scale international survey regarding the use and perception of international commercial mediation and conciliation in the international legal and business communities. This information was gathered to assist the United Nations Commission on International Trade Law (UNCITRAL) and UNCITRAL Working Group II (Arbitration and Conciliation) as they consider a proposal from the Government of the United States regarding a possible convention...
November 20, 2014
This report provides preliminary findings from the first-ever large-scale international survey regarding the use and perception of international commercial mediation and conciliation in the international legal and business communities. This information was gathered to assist the United Nations Commission on International Trade Law (UNCITRAL) and UNCITRAL Working Group II (Arbitration and Conciliation) as they consider a proposal from the Government of the United States regarding a possible convention...
The Case for Dispute Resolution Clauses in Contracts
November 20, 2014
One way to be proactive is in drafting contracts and agreements. Partnership or operating agreements, homeowner-contractor contracts, employment agreements, non-competes, transactional and other kinds of agreements are the first steps in dispute prevention. A good contract lawyer will work with his clients to know their businesses well, anticipate the kinds of issues that will come up and address them in the contract. That’s what makes an agreement that a lawyer worked on valuable and very different...
November 20, 2014
One way to be proactive is in drafting contracts and agreements. Partnership or operating agreements, homeowner-contractor contracts, employment agreements, non-competes, transactional and other kinds of agreements are the first steps in dispute prevention. A good contract lawyer will work with his clients to know their businesses well, anticipate the kinds of issues that will come up and address them in the contract. That’s what makes an agreement that a lawyer worked on valuable and very different...
The Urgent Need For Data: Are the Needs of Users and the Dispute Resolution Market Misaligned?
November 19, 2014
The initial data harvested at this major Convention may encourage ADR's stakeholders to re-think some of their strategies....
November 19, 2014
The initial data harvested at this major Convention may encourage ADR's stakeholders to re-think some of their strategies....
The Evolution of International Commercial Dispute Resolution: From One Size Fits All to Bespoke Suit
November 10, 2014
Several years ago, I was giving a talk in Parma, Italy, on international commercial dispute resolution and the dramatic changes the field had undergone in the past century. Looking around the room, I noticed that everyone was exhibiting la bella figura (this was Italy, after all); thus, I decided to use a clothing metaphor for my musings. The “One Size Fits All” Era The first phase of the evolution I referred to as the “One Size Fits All” period. Following the end of the Great War,...
November 10, 2014
Several years ago, I was giving a talk in Parma, Italy, on international commercial dispute resolution and the dramatic changes the field had undergone in the past century. Looking around the room, I noticed that everyone was exhibiting la bella figura (this was Italy, after all); thus, I decided to use a clothing metaphor for my musings. The “One Size Fits All” Era The first phase of the evolution I referred to as the “One Size Fits All” period. Following the end of the Great War,...
Lurie and Lack on “Guided Choice”
November 4, 2014
The October 2014 issue of Dispute Resolution International (the journal of the Dispute Resolution Section of the IBA) features an excellent article by Chicago mediator/arbitrator/attorney Paul Lurie and Swiss/Israeli mediator/attorney Jeremy Lack on “Guided Choice Dispute Resolution Processes: Reducing the Time and Expense to Settlement.” As the title suggests, the logic of the piece stems from the fact that nearly all business disputes are resolved, and that savings are therefore best realized...
November 4, 2014
The October 2014 issue of Dispute Resolution International (the journal of the Dispute Resolution Section of the IBA) features an excellent article by Chicago mediator/arbitrator/attorney Paul Lurie and Swiss/Israeli mediator/attorney Jeremy Lack on “Guided Choice Dispute Resolution Processes: Reducing the Time and Expense to Settlement.” As the title suggests, the logic of the piece stems from the fact that nearly all business disputes are resolved, and that savings are therefore best realized...
