Blog Archives
Winning, Defined? Text-Mining Arbitration Decisions
April 24, 2020
Charlotte Alexander, Associate Professor of Law of Legal Studies at Georgia State University College of Law, and Nicole G. Iannarone, Assistant Professor of Law at Drexel University Thomas R. Kline School of Law have published an article titled, “Winning, Defined? Text-Mining Arbitration Decisions,” Cardozo Law Review, forthcoming. In their journal article, the authors endeavor to understand consumer arbitration outcomes by examining approximately 60,000 FINRA arbitration...
April 24, 2020
Charlotte Alexander, Associate Professor of Law of Legal Studies at Georgia State University College of Law, and Nicole G. Iannarone, Assistant Professor of Law at Drexel University Thomas R. Kline School of Law have published an article titled, “Winning, Defined? Text-Mining Arbitration Decisions,” Cardozo Law Review, forthcoming. In their journal article, the authors endeavor to understand consumer arbitration outcomes by examining approximately 60,000 FINRA arbitration...
International Arbitration in the Face of COVID-19
April 23, 2020
London-based Damian Honey and Nicola Gare of the international law firm HFW have published a timely briefing titled “Questions and Answers on How Best to Deal With International Arbitration in the Face of COVID-19.” According to the authors’ briefing, some options to consider when preparing for upcoming international arbitration hearings include adjournment, agreeing to an entirely documents-based decision, and proceeding with a remote hearing. In their briefing,...
April 23, 2020
London-based Damian Honey and Nicola Gare of the international law firm HFW have published a timely briefing titled “Questions and Answers on How Best to Deal With International Arbitration in the Face of COVID-19.” According to the authors’ briefing, some options to consider when preparing for upcoming international arbitration hearings include adjournment, agreeing to an entirely documents-based decision, and proceeding with a remote hearing. In their briefing,...
Mediation and the Laws of Time
April 22, 2020
For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process as a “time-saver”, offering faster outcomes than the full court or arbitration process. Efficiency has been rightly touted as an important component of mediation, and with that the appeal...
April 22, 2020
For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process as a “time-saver”, offering faster outcomes than the full court or arbitration process. Efficiency has been rightly touted as an important component of mediation, and with that the appeal...
Trial Recess: Mark Lanier On [Successful Videoconferenced Mediations]
April 21, 2020
We did a mediation last week via videoconferencing and it actually turned out really, really well. I think all parties would have said that. And we resolved the case. That was a whole brand new thing for us; we’d never done that before. There were no technical difficulties? None at all, it was smooth as silk. And it allowed for a level of confidentiality, where we could talk to the mediator separate from the other parties. … I thought it was outstanding. In fact, we’ve got two mediations...
April 21, 2020
We did a mediation last week via videoconferencing and it actually turned out really, really well. I think all parties would have said that. And we resolved the case. That was a whole brand new thing for us; we’d never done that before. There were no technical difficulties? None at all, it was smooth as silk. And it allowed for a level of confidentiality, where we could talk to the mediator separate from the other parties. … I thought it was outstanding. In fact, we’ve got two mediations...
Beneficial and Ethical ODR for Family Issues
April 20, 2020
Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, and Leah Wing, Co-director of the National Center for Technology and Dispute Resolution and Senior Lecturer II in the Legal Studies Program, Department of Political Science at the University of Massachusetts Amherst, have published “Beneficial and Ethical ODR for Family Issues,” Family Court Review, Forthcoming; University of Missouri School...
April 20, 2020
Amy J. Schmitz, Elwood L. Thomas Missouri Endowed Professor of Law at the University of Missouri School of Law, and Leah Wing, Co-director of the National Center for Technology and Dispute Resolution and Senior Lecturer II in the Legal Studies Program, Department of Political Science at the University of Massachusetts Amherst, have published “Beneficial and Ethical ODR for Family Issues,” Family Court Review, Forthcoming; University of Missouri School...
BREAKING: Zoom Data Center Region Selection Now Available
April 19, 2020
In response to criticism, Zoom deselected data centers in China by default and now allows paid users to select data center regions used for their mediations (meetings). Here is a Zoom blog post and a screenshot of the toggle election. blog.zoom.us/wordpress/2020/04/13/coming-april-18-control-your-zoom-data-routing/ A running update of the Zoom settings I use to secure mediations is in my Tailoring Zoom to Mediation for the Moment article available at: http://www.adrtoolbox.com/2020/03/tailoring-zoom-to-mediation-for-the-moment/
April 19, 2020
In response to criticism, Zoom deselected data centers in China by default and now allows paid users to select data center regions used for their mediations (meetings). Here is a Zoom blog post and a screenshot of the toggle election. blog.zoom.us/wordpress/2020/04/13/coming-april-18-control-your-zoom-data-routing/ A running update of the Zoom settings I use to secure mediations is in my Tailoring Zoom to Mediation for the Moment article available at: http://www.adrtoolbox.com/2020/03/tailoring-zoom-to-mediation-for-the-moment/
Mediating with Zoom
April 19, 2020
In our current high-stress social environment, it is easy for conflicts to spark. When clients reach out to mediators for help, we need a fast and effective solution. For many of us, this means mediating online. This is now commonly done via videoconference (Skype, Zoom and the like). Other options include text-only (such as CREK) or online chat. Some mediators have moved to phone conciliation, where mediators set-up a conference call with all participants or separately....
April 19, 2020
In our current high-stress social environment, it is easy for conflicts to spark. When clients reach out to mediators for help, we need a fast and effective solution. For many of us, this means mediating online. This is now commonly done via videoconference (Skype, Zoom and the like). Other options include text-only (such as CREK) or online chat. Some mediators have moved to phone conciliation, where mediators set-up a conference call with all participants or separately....
Estate-Within-An-Estate: Navigating Prince’s Complicated Estate Administration
April 17, 2020
Prince’s estate administration just got a lot more crazy. The icon died intestate in 2016. His estate is still not settled. His heirs are his next-of-kin, his six siblings (including one, Alfred Jackson, who died last summer). Since Prince’s death there has been much litigation as to control and management of the estate, which is estimated to be worth between $100 million and $300 million, in addition to valuable royalty rights.
April 17, 2020
Prince’s estate administration just got a lot more crazy. The icon died intestate in 2016. His estate is still not settled. His heirs are his next-of-kin, his six siblings (including one, Alfred Jackson, who died last summer). Since Prince’s death there has been much litigation as to control and management of the estate, which is estimated to be worth between $100 million and $300 million, in addition to valuable royalty rights.
Moving US Courts Online
April 16, 2020
Paul Embley with the National Center for State Courts put together this nice synopsis on some things happening here in the U.S. with respect to courts moving online. “Most courts have gone to virtual hearings and appearances, though a few are resisting and still bringing people together. It seems that Zoom is the overwhelming favorite platform, though privacy concerns have been raised. Many courts are rushing to technology solutions without a lot of thought about the end user license agreements. “Those...
April 16, 2020
Paul Embley with the National Center for State Courts put together this nice synopsis on some things happening here in the U.S. with respect to courts moving online. “Most courts have gone to virtual hearings and appearances, though a few are resisting and still bringing people together. It seems that Zoom is the overwhelming favorite platform, though privacy concerns have been raised. Many courts are rushing to technology solutions without a lot of thought about the end user license agreements. “Those...
NADN Bulletin – Zoom Hype & Headlines
April 15, 2020
Because in-person mediations and arbitrations have become a public health risk due to COVID-19, the National Academy of Distinguished Neutrals (“NADN”) has taken measures to ensure that members of the Academy are able to serve firms with online mediation sessions using the latest video conferencing platforms. In this guest blog post, Darren A. Lee, Executive Director of the NADN, has graciously agreed to share his perspective regarding how to safely and effectively hold video...
April 15, 2020
Because in-person mediations and arbitrations have become a public health risk due to COVID-19, the National Academy of Distinguished Neutrals (“NADN”) has taken measures to ensure that members of the Academy are able to serve firms with online mediation sessions using the latest video conferencing platforms. In this guest blog post, Darren A. Lee, Executive Director of the NADN, has graciously agreed to share his perspective regarding how to safely and effectively hold video...
