ADR
The Pros and Cons of ADR Clauses
October 25, 2013
Employers across the country have witnessed a flurry of significant decisions in recent years culminating in several U.S. Supreme Court rulings reinforcing the enforceability of arbitration agreements generally, and more specifically, class action waiver provisions. These headline-grabbing cases have sparked renewed debate as to whether arbitration programs are advisable, particularly in California where the fate of class action waivers is less certain and existing case law imposes a number of requirements...
October 25, 2013
Employers across the country have witnessed a flurry of significant decisions in recent years culminating in several U.S. Supreme Court rulings reinforcing the enforceability of arbitration agreements generally, and more specifically, class action waiver provisions. These headline-grabbing cases have sparked renewed debate as to whether arbitration programs are advisable, particularly in California where the fate of class action waivers is less certain and existing case law imposes a number of requirements...
Online Dispute Resolution (ODR): What is it, and is it the Way Forward?
October 17, 2013
Julio César Betancourt, Head of Research & Academic Affairs at the Chartered Institute of Arbitrators, and Elina Zlatanska, Research Assistant at Chartered Institute of Arbitrators, have published an interesting article entitled, Online Dispute Resolution (ODR): What is it, and is it the Way Forward?, 79 International Journal of Arbitration, Mediation and Dispute Management, Issue 3, 2013. In their publication, the authors discuss the role and future of online arbitration, mediation, and other...
October 17, 2013
Julio César Betancourt, Head of Research & Academic Affairs at the Chartered Institute of Arbitrators, and Elina Zlatanska, Research Assistant at Chartered Institute of Arbitrators, have published an interesting article entitled, Online Dispute Resolution (ODR): What is it, and is it the Way Forward?, 79 International Journal of Arbitration, Mediation and Dispute Management, Issue 3, 2013. In their publication, the authors discuss the role and future of online arbitration, mediation, and other...
Spreading ADR Best Practices Around the World
October 16, 2013
Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms in different societies and they continue to evolve and mature. While many of us think of ADR only in a legal and commercial context, some of the most effective systems in the world exist in some of the least developed economies. Systems like conciliation, negotiation and adjudication...
October 16, 2013
Although many countries have not developed formal ADR processes as part of their legal systems, dispute resolution practices have been in place practically since the beginning of time. These practices have taken on many forms in different societies and they continue to evolve and mature. While many of us think of ADR only in a legal and commercial context, some of the most effective systems in the world exist in some of the least developed economies. Systems like conciliation, negotiation and adjudication...
New Book: Erica Ariel Fox, Winning From Within
October 8, 2013
I just received word that Erica Ariel Fox‘s new book, “Winning from Within” is now out. (It’s possible that it’s been out for a while, and I somehow missed it.) I’ve ordered a copy, but have not yet read it, so this is a book pre-review. As many of you know, Erica worked for years at the Program on Negotiation, in various capacities, and through the Harvard Negotiation Project and the Harvard Negotiation Insight Project. A colleague of many of us in the field, Erica has been...
October 8, 2013
I just received word that Erica Ariel Fox‘s new book, “Winning from Within” is now out. (It’s possible that it’s been out for a while, and I somehow missed it.) I’ve ordered a copy, but have not yet read it, so this is a book pre-review. As many of you know, Erica worked for years at the Program on Negotiation, in various capacities, and through the Harvard Negotiation Project and the Harvard Negotiation Insight Project. A colleague of many of us in the field, Erica has been...
Resolving IP Disputes: Calling for an Alternative Paradigm Symposium
October 3, 2013
Mark your calendars! On October 4th, the University of Missouri School of Law will host a symposium focused on resolving intellectual property disputes with a particular focus on patents. The event, “Resolving IP Disputes: Calling for an Alternative Paradigm,” will be sponsored by the School of Law’s Center for the Study of Dispute Resolution and Journal of Dispute Resolution. Here is the program overview: Patents now pervade the American business culture and marketplace. The number...
October 3, 2013
Mark your calendars! On October 4th, the University of Missouri School of Law will host a symposium focused on resolving intellectual property disputes with a particular focus on patents. The event, “Resolving IP Disputes: Calling for an Alternative Paradigm,” will be sponsored by the School of Law’s Center for the Study of Dispute Resolution and Journal of Dispute Resolution. Here is the program overview: Patents now pervade the American business culture and marketplace. The number...
Texas ADR Calendar
September 13, 2013
The ADR Section of the State Bar of Texas maintains a calendar of ADR trainings taking place in the state. http://texasadr.org/calendar We welcome your additions. ************************ It is the policy of the ADR Section to post on its website and in its Alternative Resolution Newsletter, website, e-mail or other addresses or links to any ADR training that meets the following criteria: 1. That any training provider for which a website address or link is provided, display a statement...
September 13, 2013
The ADR Section of the State Bar of Texas maintains a calendar of ADR trainings taking place in the state. http://texasadr.org/calendar We welcome your additions. ************************ It is the policy of the ADR Section to post on its website and in its Alternative Resolution Newsletter, website, e-mail or other addresses or links to any ADR training that meets the following criteria: 1. That any training provider for which a website address or link is provided, display a statement...
Mediating by Skype!
August 23, 2013
One of the many challenging aspects of mediating cross border cases is the fact that by definition, the parties tend to be in separate countries (and often the mediators too). One way of getting over this hurdle is by using one of the many information and communication technologies there are available these days. This month, I want to share my experience of using just one of these –Skype. There are numerous different online mediation platforms in use these days, and even more in development....
August 23, 2013
One of the many challenging aspects of mediating cross border cases is the fact that by definition, the parties tend to be in separate countries (and often the mediators too). One way of getting over this hurdle is by using one of the many information and communication technologies there are available these days. This month, I want to share my experience of using just one of these –Skype. There are numerous different online mediation platforms in use these days, and even more in development....
Video Presentation – Projecting the Negotiation Process
August 14, 2013
Don Philbin demonstrates Picture It Settled® - a groundbreaking advancement in predictive analytics technology designed to more accurately project outcomes in the process of negotiation and alternative dispute resolution. Watch full presentation (11 min 24 sec)
August 14, 2013
Don Philbin demonstrates Picture It Settled® - a groundbreaking advancement in predictive analytics technology designed to more accurately project outcomes in the process of negotiation and alternative dispute resolution. Watch full presentation (11 min 24 sec)
Conflict Resolution in Sport
July 29, 2013
A particularly insightful presentation on the use of mediation in sports was offered at last month’s World Mediation Forum in Prague. Ozlem Susler from La Trobe University, Melbourne, Australia (whom Forum co-President Colin Wall called “Oz from Oz”) moderated the presentation. She noted that sports is a substantial economic driver on a global scale. Soccer alone represents 43% of the global sports economic activity. Common disputes include trademark and intellectual property, broadcast...
July 29, 2013
A particularly insightful presentation on the use of mediation in sports was offered at last month’s World Mediation Forum in Prague. Ozlem Susler from La Trobe University, Melbourne, Australia (whom Forum co-President Colin Wall called “Oz from Oz”) moderated the presentation. She noted that sports is a substantial economic driver on a global scale. Soccer alone represents 43% of the global sports economic activity. Common disputes include trademark and intellectual property, broadcast...
Modria Closes New Investment Round to Fuel Expansion
July 23, 2013
Modria today announced it has closed a $5 million dollar Series A investment round led by Foundry Group. As part of Modria’s expansion, J. Scott Carr has joined Modria as president and CEO. The Modria platform is the leading online dispute resolution system in the world, enabling businesses and government agencies of any size to resolve customer problems swiftly and fairly. Its proven, scalable cloud-based technology brings all parties involved in a dispute to the table quickly and efficiently,...
July 23, 2013
Modria today announced it has closed a $5 million dollar Series A investment round led by Foundry Group. As part of Modria’s expansion, J. Scott Carr has joined Modria as president and CEO. The Modria platform is the leading online dispute resolution system in the world, enabling businesses and government agencies of any size to resolve customer problems swiftly and fairly. Its proven, scalable cloud-based technology brings all parties involved in a dispute to the table quickly and efficiently,...
