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From the Spring 2013 DR Magazine: Welsh and Lipsky
July 23, 2013
This Spring’s Dispute Resolution Magazine is filled with great articles exploring whether and how we should regulate ADR. Among these articles is a piece by Nancy Welsh (Penn St.) and David Lipsky (Cornell) called, “‘Moving the Ball Forward’ in Consumer and Employment Dispute Resolution: What Can Planning, Talking, Listening and Breaking Bread Together Accomplish?” I found this piece particularly striking as an example of the value of learning conversations. The article starts off with...
July 23, 2013
This Spring’s Dispute Resolution Magazine is filled with great articles exploring whether and how we should regulate ADR. Among these articles is a piece by Nancy Welsh (Penn St.) and David Lipsky (Cornell) called, “‘Moving the Ball Forward’ in Consumer and Employment Dispute Resolution: What Can Planning, Talking, Listening and Breaking Bread Together Accomplish?” I found this piece particularly striking as an example of the value of learning conversations. The article starts off with...
Request for Proposals for the ABA DR Section Spring Conference
July 22, 2013
It seems so early for this announcement, but it is upon us. The ABA Section on Dispute Resolution is seeking proposals...
July 22, 2013
It seems so early for this announcement, but it is upon us. The ABA Section on Dispute Resolution is seeking proposals...
Empowering the Growth of International ADR
July 18, 2013
This is the final posting of a 3-part series. Previous posts in the series noted the gathering tempest being whipped up by opacity in ADR practice. How can structural change help the ship steer towards modernity? User demand for more information and higher professional standards in ADR is unequivocal. An international institution is needed to address the global user demand, particularly in arbitration, conciliation and similar methods of resolving international commercial disputes. That institution...
July 18, 2013
This is the final posting of a 3-part series. Previous posts in the series noted the gathering tempest being whipped up by opacity in ADR practice. How can structural change help the ship steer towards modernity? User demand for more information and higher professional standards in ADR is unequivocal. An international institution is needed to address the global user demand, particularly in arbitration, conciliation and similar methods of resolving international commercial disputes. That institution...
Empowering the Growth of International ADR: Cries for Change
July 18, 2013
Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations come together at an international level conferences of the ABA Section of Dispute Resolution, the Institute for Transnational Arbitration (ITA) and the International...
July 18, 2013
Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations come together at an international level conferences of the ABA Section of Dispute Resolution, the Institute for Transnational Arbitration (ITA) and the International...
Empowering the Growth of International ADR
July 18, 2013
In recent years, corporate users of ADR services have demanded greater transparency into the skills, experience and suitability of ADR providers and the adoption of stronger professional ethical standards and disciplinary processes. These calls are turning into dissatisfaction. The markets serving corporate client needs can, without great effort or cost, address the user demand quickly, effectively and economically worldwide. In May 2007, Michael McIlwrath of GE Oil & Gas published an article...
July 18, 2013
In recent years, corporate users of ADR services have demanded greater transparency into the skills, experience and suitability of ADR providers and the adoption of stronger professional ethical standards and disciplinary processes. These calls are turning into dissatisfaction. The markets serving corporate client needs can, without great effort or cost, address the user demand quickly, effectively and economically worldwide. In May 2007, Michael McIlwrath of GE Oil & Gas published an article...
Taking Advantage of ADR in the Entertainment Industry
July 16, 2013
As courts throughout the U.S. have become more and more backlogged with cases, and as the financial stakes in litigation have grown increasingly larger, so too has the need for quality ADR mechanisms. Certain substantive legal areas lend themselves particularly well to ADR, which include Intellectual Property/Entertainment matters. The importance of secrecy and privacy, the need for expertise and the flexibility that ADR offers are three reasons why IP and entertainment practitioners should...
July 16, 2013
As courts throughout the U.S. have become more and more backlogged with cases, and as the financial stakes in litigation have grown increasingly larger, so too has the need for quality ADR mechanisms. Certain substantive legal areas lend themselves particularly well to ADR, which include Intellectual Property/Entertainment matters. The importance of secrecy and privacy, the need for expertise and the flexibility that ADR offers are three reasons why IP and entertainment practitioners should...
New Article: “Managing Disputes in a Flat World”
July 15, 2013
Royal Dutch Shell Legal Director Peter Rees and CPR Institute President Kathy Bryan have co-authored a very good article called “How to Manage Disputes in a Flat World.” Much of its appeal lies in its emphasis on management of risk rather than resolution of disputes. And its premise is compelling: Business is truly global, yet the legal function has not kept up. This is rapidly changing, and informed companies are getting ahead of the curve by taking a global approach to dispute management. The...
July 15, 2013
Royal Dutch Shell Legal Director Peter Rees and CPR Institute President Kathy Bryan have co-authored a very good article called “How to Manage Disputes in a Flat World.” Much of its appeal lies in its emphasis on management of risk rather than resolution of disputes. And its premise is compelling: Business is truly global, yet the legal function has not kept up. This is rapidly changing, and informed companies are getting ahead of the curve by taking a global approach to dispute management. The...
The Case Against Misdirected Regulation of ADR
June 28, 2013
Regulations, no matter how well meaning, inevitably limit and constrain. In sharp contrast, the primary benefits of private dispute resolution include flexibility, creative evolutionary change and customization.This article will serve as a cautionary tale against the unintended negative consequences of misdirected regulation in the ADR field. While ADR may have moved into “mainstream” legal practice, it continues to develop and change in the United States and abroad. We will explore how the ADR profession...
June 28, 2013
Regulations, no matter how well meaning, inevitably limit and constrain. In sharp contrast, the primary benefits of private dispute resolution include flexibility, creative evolutionary change and customization.This article will serve as a cautionary tale against the unintended negative consequences of misdirected regulation in the ADR field. While ADR may have moved into “mainstream” legal practice, it continues to develop and change in the United States and abroad. We will explore how the ADR profession...
Triggering the Duty to Preserve
June 19, 2013
Plaintiffs requested email sent to or from the Defendants on November 4, 2011 in their April 10, 2012 discovery requests. The Plaintiffs had filed the lawsuit and an emergency preliminary injunction on November 7, 2011, which was attended by Defense counsel. The Defendants claimed producing the emails was impossible, because the Defendant had a 90 day retention policy and the Plaintiff did not serve the discovery requests until April 10, 2012, more than 150 days after the date in question. Stiriling...
June 19, 2013
Plaintiffs requested email sent to or from the Defendants on November 4, 2011 in their April 10, 2012 discovery requests. The Plaintiffs had filed the lawsuit and an emergency preliminary injunction on November 7, 2011, which was attended by Defense counsel. The Defendants claimed producing the emails was impossible, because the Defendant had a 90 day retention policy and the Plaintiff did not serve the discovery requests until April 10, 2012, more than 150 days after the date in question. Stiriling...
State Courts and the Transformation to Virtual Courts
June 19, 2013
Your client calls you in the middle of the night. He was in a terrible car accident, he says. The driver of the other car appears not to be breathing, gasoline is spilling everywhere, and he has been drinking. Crying and distraught, he begs for your help. After you get him to calm down, he assures you that he will call the police but will not say anything to anyone; you tell him that you will be there momentarily. Lawyers have been getting phone calls like these for many years, but technology...
June 19, 2013
Your client calls you in the middle of the night. He was in a terrible car accident, he says. The driver of the other car appears not to be breathing, gasoline is spilling everywhere, and he has been drinking. Crying and distraught, he begs for your help. After you get him to calm down, he assures you that he will call the police but will not say anything to anyone; you tell him that you will be there momentarily. Lawyers have been getting phone calls like these for many years, but technology...
