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National Academy of Distinguished Neutrals Partners with American Association for Justice and Defense Research Institute
May 16, 2013
For two or three years I have been encouraging you, the reader, to give attention to the National Academy of Distinguished...
May 16, 2013
For two or three years I have been encouraging you, the reader, to give attention to the National Academy of Distinguished...
Part Three: Determining the Current Use of ADR by Fortune 1,000 Corporate Counsel
May 14, 2013
Below are the questions asked of corporate counsel by the Scheinman Institute on Conflict Resolution at Cornell University, the Straus Institute for Dispute Resolution at Pepperdine University School of Law and the International Institute for Conflict Prevention & Resolution (CPR). The survey was performed in 2011 by phone, by mail, and online. Q: Has the emphasis on ADR increased or decreased since 1997? How will corporate conflict resolution policies have changed, if at all? Q: Why do companies...
May 14, 2013
Below are the questions asked of corporate counsel by the Scheinman Institute on Conflict Resolution at Cornell University, the Straus Institute for Dispute Resolution at Pepperdine University School of Law and the International Institute for Conflict Prevention & Resolution (CPR). The survey was performed in 2011 by phone, by mail, and online. Q: Has the emphasis on ADR increased or decreased since 1997? How will corporate conflict resolution policies have changed, if at all? Q: Why do companies...
CPR Patent Mediation Task Force Report
May 6, 2013
I. Background In 2010, the International Institute for Conflict Prevention and Resolution (CPR) formed the Patent Mediation...
May 6, 2013
I. Background In 2010, the International Institute for Conflict Prevention and Resolution (CPR) formed the Patent Mediation...
Moving Arbitration Online: The Next Frontier
May 3, 2013
Every industry has been revolutionized by technology over the last two decades, from finance to medicine to entertainment. Within each of these industries, business functions have similarly been transformed, from workflow process to data storage to knowledge management. As technology has flattened the world, domestic supply chains have become global supply chains, and regional teams have become virtual teams, stretching around the world and reaching into every time zone. Business is inexorably moving...
May 3, 2013
Every industry has been revolutionized by technology over the last two decades, from finance to medicine to entertainment. Within each of these industries, business functions have similarly been transformed, from workflow process to data storage to knowledge management. As technology has flattened the world, domestic supply chains have become global supply chains, and regional teams have become virtual teams, stretching around the world and reaching into every time zone. Business is inexorably moving...
Ethical Questions for Mediators
May 3, 2013
The Marie L. Garibaldi American Inn of Court for ADR is the first (and so far the only) Inn of Court devoted expressly to the practice of arbitration, mediation and other non-judicial means of dispute resolution. Located in New Jersey, it gathers, on a monthly basis, the upper echelon of retired and active judges, client representatives, and leading arbitrators and mediators to share experiences and insights, to stay abreast of recent case developments, and to hone instincts and skills as dispute...
May 3, 2013
The Marie L. Garibaldi American Inn of Court for ADR is the first (and so far the only) Inn of Court devoted expressly to the practice of arbitration, mediation and other non-judicial means of dispute resolution. Located in New Jersey, it gathers, on a monthly basis, the upper echelon of retired and active judges, client representatives, and leading arbitrators and mediators to share experiences and insights, to stay abreast of recent case developments, and to hone instincts and skills as dispute...
Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel
May 1, 2013
As alternative dispute resolution quietly integrated into conflict resolution practices previously dominated by litigation,...
May 1, 2013
As alternative dispute resolution quietly integrated into conflict resolution practices previously dominated by litigation,...
Part One: A Brief History of ADR and Corporate Perception
May 1, 2013
Part One: A Brief History of ADR and Corporate Perception The history of Alternative Dispute Resolution in the last fifty years has seen much change. According to Thomas Stipanowich and Ryan Lamare’s research, much of out-of-court conflict resolution from the 1950s-1980s was represented by binding arbitration. Motivated by cost savings and speedy resolution, as studies have illustrated, the arbitration process was perceived as an effective alternative to litigation. They do note that during this...
May 1, 2013
Part One: A Brief History of ADR and Corporate Perception The history of Alternative Dispute Resolution in the last fifty years has seen much change. According to Thomas Stipanowich and Ryan Lamare’s research, much of out-of-court conflict resolution from the 1950s-1980s was represented by binding arbitration. Motivated by cost savings and speedy resolution, as studies have illustrated, the arbitration process was perceived as an effective alternative to litigation. They do note that during this...
Susskind Promotes Online Dispute Resolution
April 27, 2013
Professor Richard Susskind, the Lord Chief Justice’s IT adviser, has attacked the Civil Justice Council for “failing to even look into” the potential of online dispute resolution schemes. Speaking at the Westminster Legal Policy Forum this morning, Susskind said while many judges were outstanding, they were let down by “antediluvian” court processes. “We have to think whether, when dealing with disputes, we need to physically converge in courts,” he said. “We should at least...
April 27, 2013
Professor Richard Susskind, the Lord Chief Justice’s IT adviser, has attacked the Civil Justice Council for “failing to even look into” the potential of online dispute resolution schemes. Speaking at the Westminster Legal Policy Forum this morning, Susskind said while many judges were outstanding, they were let down by “antediluvian” court processes. “We have to think whether, when dealing with disputes, we need to physically converge in courts,” he said. “We should at least...
Austin Police Department Now Allows Mediation of Citizen Complaints
April 26, 2013
Alternative dispute resolution methods are increasingly being utilized across a wide range of industries. According to a recent news report, the Austin Police Department has instituted a new policy that provides area citizens with the opportunity to engage in mediation with law enforcement officers following a complaint. Under the policy, less serious external complaints such as allegations of inadequate service and rude officers may be mediated in lieu of a formal internal affairs investigation. ...
April 26, 2013
Alternative dispute resolution methods are increasingly being utilized across a wide range of industries. According to a recent news report, the Austin Police Department has instituted a new policy that provides area citizens with the opportunity to engage in mediation with law enforcement officers following a complaint. Under the policy, less serious external complaints such as allegations of inadequate service and rude officers may be mediated in lieu of a formal internal affairs investigation. ...
Settlement Counsel: 10 Free Internet Resources
April 25, 2013
It’s no secret that I’m a fan of the Settlement Counsel concept — I’ve written about it, I’ve published an Updated List of Settlement Counsel, and I’m speaking about the idea in practice with Gary McGowan and Christopher Nolland today at the 15th Annual Section of Dispute Resolution’s Spring Conference. For lawyers and clients wanting to learn more, a quick Internet search for “Settlement Counsel” doesn’t easily lead to the most informative — and free — resources,...
April 25, 2013
It’s no secret that I’m a fan of the Settlement Counsel concept — I’ve written about it, I’ve published an Updated List of Settlement Counsel, and I’m speaking about the idea in practice with Gary McGowan and Christopher Nolland today at the 15th Annual Section of Dispute Resolution’s Spring Conference. For lawyers and clients wanting to learn more, a quick Internet search for “Settlement Counsel” doesn’t easily lead to the most informative — and free — resources,...
