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ADR
Three Surveys Offering New Insights into ADR Practices
August 20, 2014
Professor Thomas Stipanowich recently posted information regarding three major surveys conducted by the The Straus Institute’s Theory-to-Practice Research Project that produced a wide array of new information on arbitrator and mediator practices as well as insights into corporate use of ADR. Two of the surveys focused on dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators (CCA), and a survey of experienced mediators...
August 20, 2014
Professor Thomas Stipanowich recently posted information regarding three major surveys conducted by the The Straus Institute’s Theory-to-Practice Research Project that produced a wide array of new information on arbitrator and mediator practices as well as insights into corporate use of ADR. Two of the surveys focused on dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators (CCA), and a survey of experienced mediators...
ABA / Straus Institute Survey of Corporate Counsel
August 19, 2014
One of the three recent surveys undertaken by the Straus Institute in 2013 as part of the Theory-to-Practice Research Project was a survey of corporate counsel co-sponsored by the American Bar Association’s Section on Public Utilities, Communication and Transportation (PUCAT) ADR Committee. The Institute’s work was conducted pursuant to a contractual agreement with PUCAT. Here is some initial information regarding the Survey: Survey Group A total of thirty-three individuals responded...
August 19, 2014
One of the three recent surveys undertaken by the Straus Institute in 2013 as part of the Theory-to-Practice Research Project was a survey of corporate counsel co-sponsored by the American Bar Association’s Section on Public Utilities, Communication and Transportation (PUCAT) ADR Committee. The Institute’s work was conducted pursuant to a contractual agreement with PUCAT. Here is some initial information regarding the Survey: Survey Group A total of thirty-three individuals responded...
Special Masters Have an Important Role in Litigation
August 11, 2014
Law360 recently interviewed a number of members of ACAM including me and wrote an article entitled “5 Tips For Serving As A Successful Special Master” which included my comments not to “be afraid to ask for a modification to view certain documents or speak to additional parties if that will better serve the court’s goals.” The Law360 article’s 5 tips are as follows: Create a Culture of Respect Be Accessible to the Parties Talk to the Judge (as Much as You Can) Know Your Order Strike...
August 11, 2014
Law360 recently interviewed a number of members of ACAM including me and wrote an article entitled “5 Tips For Serving As A Successful Special Master” which included my comments not to “be afraid to ask for a modification to view certain documents or speak to additional parties if that will better serve the court’s goals.” The Law360 article’s 5 tips are as follows: Create a Culture of Respect Be Accessible to the Parties Talk to the Judge (as Much as You Can) Know Your Order Strike...
Click to Resolve: Moving Mediation Online
July 29, 2014
Mediator Charlie Irvine makes the case for online dispute resolution in a recent post on the Kluwer Mediation Blog. “If precedent is anything to go by, it would be foolish to bet against the forward march of technology,” he says, and urges mediators and their clients alike to move past the “gold standard” of face time and explore other arrangements, such as video chatting on FaceTime. Irvine says his first foray into the virtual mediation space was conducting a one-hour workplace mediation...
July 29, 2014
Mediator Charlie Irvine makes the case for online dispute resolution in a recent post on the Kluwer Mediation Blog. “If precedent is anything to go by, it would be foolish to bet against the forward march of technology,” he says, and urges mediators and their clients alike to move past the “gold standard” of face time and explore other arrangements, such as video chatting on FaceTime. Irvine says his first foray into the virtual mediation space was conducting a one-hour workplace mediation...
20 Questions Every Corporate General Counsel or Head of Litigation Might Very Well Ask
July 22, 2014
Being responsible for resolving a large number of disputes for any organization is a stressful occupation. It involves risk,...
July 22, 2014
Being responsible for resolving a large number of disputes for any organization is a stressful occupation. It involves risk,...
Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations
July 21, 2014
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their...
July 21, 2014
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American conflict resolution in the late Twentieth Century. In 1997 a survey of Fortune 1,000 corporate counsel provided the first broad-based picture of conflict resolution processes within large companies. In 2011, a second landmark survey of corporate counsel in Fortune 1,000 companies captured a variety of critical changes in the ways large companies handle conflict. Comparing their...
Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations
July 15, 2014
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American...
July 15, 2014
As attorneys for the world’s most visible clients, corporate counsel played a key role in the transformation of American...
The Space Between: What Can Be Done Between a Dispute Arising and Filing a Lawsuit
July 11, 2014
When you read the advice of Abraham Lincoln about being a lawyer, you realize that the role of lawyers in Lincoln’s view...
July 11, 2014
When you read the advice of Abraham Lincoln about being a lawyer, you realize that the role of lawyers in Lincoln’s view...
ADR in Bankruptcy: Expanding Opportunities
July 10, 2014
Andrew Olejnik of Jenner & Block and Olivier André of the CPR Institute have co-authored an article that appears in Bankruptcy Law Reporter on the growing use of ADR tools in bankruptcy. Dating the trend from a 2009 conference convened by the American Bankruptcy Institute Law Review, the authors conclude that “many large, complex cases increasingly have turned to ADR tools as a means to resolve disputes.” The full article appears here. In some cases the ADR phase is statutorily required....
July 10, 2014
Andrew Olejnik of Jenner & Block and Olivier André of the CPR Institute have co-authored an article that appears in Bankruptcy Law Reporter on the growing use of ADR tools in bankruptcy. Dating the trend from a 2009 conference convened by the American Bankruptcy Institute Law Review, the authors conclude that “many large, complex cases increasingly have turned to ADR tools as a means to resolve disputes.” The full article appears here. In some cases the ADR phase is statutorily required....
New Pepperdine Survey of Dispute Resolution Professionals
July 9, 2014
Straus Institute Academic Director Thomas Stipanowich reports: The Straus Institute recently conducted two major surveys of dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators, and a survey of experienced mediators with the cooperation of the International Academy of Mediators. These studies produced a wide array of new information on arbitrator and mediator practices and perspectives that we hope will contribute to debate...
July 9, 2014
Straus Institute Academic Director Thomas Stipanowich reports: The Straus Institute recently conducted two major surveys of dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators, and a survey of experienced mediators with the cooperation of the International Academy of Mediators. These studies produced a wide array of new information on arbitrator and mediator practices and perspectives that we hope will contribute to debate...
