Blog Archives
Reflections in the Age of Coronavirus (COVID-19)
March 18, 2020
Mediation can play a positive role Some of the effects that such global crisis situations create are instability, uncertainty and panic; these, in turn, can become conflict generating factors. Mediation can play a positive role in both preventing and amicably resolving these conflicts. How? Since dispute resolution can also take place in the online environment (ODR or Online Dispute Resolution), now more than ever, mediation can be a viable solution. The goals of using mediation can be many...
March 18, 2020
Mediation can play a positive role Some of the effects that such global crisis situations create are instability, uncertainty and panic; these, in turn, can become conflict generating factors. Mediation can play a positive role in both preventing and amicably resolving these conflicts. How? Since dispute resolution can also take place in the online environment (ODR or Online Dispute Resolution), now more than ever, mediation can be a viable solution. The goals of using mediation can be many...
Remote Work: How the Coronavirus Is Already Rewriting the Future
March 17, 2020
Prithwiraj (Raj) Choudhury: Remote work will become strategic I’ve been studying remote work for years now, but under very different conditions—not under a crisis like this. We have to recalibrate our minds in terms of why we’re doing remote work now. In this moment of panic, when companies and workers are trying to figure out how to be productive and how to be happy working from home, the most practical advice I can give is to find someone who is experienced in remote work...
March 17, 2020
Prithwiraj (Raj) Choudhury: Remote work will become strategic I’ve been studying remote work for years now, but under very different conditions—not under a crisis like this. We have to recalibrate our minds in terms of why we’re doing remote work now. In this moment of panic, when companies and workers are trying to figure out how to be productive and how to be happy working from home, the most practical advice I can give is to find someone who is experienced in remote work...
Texas Judicial Branch: Current & Upcoming Closures
March 17, 2020
The counties and courts below have reported to OCA a closing or delay. Please contact the county and/or court directly for the most up to date information.
March 17, 2020
The counties and courts below have reported to OCA a closing or delay. Please contact the county and/or court directly for the most up to date information.
International Dispute Resolution and COVID-19
March 16, 2020
The Secretariat of the International Court of Arbitration has issued letter guidance regarding the ongoing worldwide COVID-19 outbreak. The letter states: Dear Colleagues,As you may well be aware, the status of the COVID-19 outbreak has evolved over the past few days. In this regard, we encourage parties, arbitral tribunals and other neutrals to remain appraised of any developments and consider discussing their potential impact on pending proceedings, if and when necessary.With...
March 16, 2020
The Secretariat of the International Court of Arbitration has issued letter guidance regarding the ongoing worldwide COVID-19 outbreak. The letter states: Dear Colleagues,As you may well be aware, the status of the COVID-19 outbreak has evolved over the past few days. In this regard, we encourage parties, arbitral tribunals and other neutrals to remain appraised of any developments and consider discussing their potential impact on pending proceedings, if and when necessary.With...
Mediation Adapts to Moment
March 16, 2020
In response to travel and safety concerns, mediators are launching remote mediation services over secure video-conference providers with virtual breakout rooms to accommodate some or all parties. Features include: Virtual joint conference room and virtual breakout rooms.Private sessions before the mediation as usual.Ability to share PowerPoint presentations, whiteboards, videos, and documents.
March 16, 2020
In response to travel and safety concerns, mediators are launching remote mediation services over secure video-conference providers with virtual breakout rooms to accommodate some or all parties. Features include: Virtual joint conference room and virtual breakout rooms.Private sessions before the mediation as usual.Ability to share PowerPoint presentations, whiteboards, videos, and documents.
Chancery Denies Attempt to Use Mediation Communications to Supplement Mediation Term Sheet
March 3, 2020
Parties who resolve a case through a mediation conducted under Court of Chancery Rule 174 should include all material provisions in any mediation term sheet. As the Order in Starkman demonstrates, Rule 174 provides no opportunity for a party to introduce mediation communications to assert that a signed mediation agreement does not accurately reflect the parties’ discussions. Starkman involved claims and counterclaims related to a limited liability company. Following Rule 174 mediation,...
March 3, 2020
Parties who resolve a case through a mediation conducted under Court of Chancery Rule 174 should include all material provisions in any mediation term sheet. As the Order in Starkman demonstrates, Rule 174 provides no opportunity for a party to introduce mediation communications to assert that a signed mediation agreement does not accurately reflect the parties’ discussions. Starkman involved claims and counterclaims related to a limited liability company. Following Rule 174 mediation,...
Theories of Change for the Dispute Resolution Movement
March 2, 2020
A thought-provoking book about alternative dispute resolution was recently made available for download online. The book, titled “University of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement,” John Lande, ed., 2020; Missouri School of Law Legal Studies Research Paper No. 2020-03, was edited by University of Missouri School of Law Professor Emeritus John Lande. A wide variety of legal scholars, including Lande,...
March 2, 2020
A thought-provoking book about alternative dispute resolution was recently made available for download online. The book, titled “University of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement,” John Lande, ed., 2020; Missouri School of Law Legal Studies Research Paper No. 2020-03, was edited by University of Missouri School of Law Professor Emeritus John Lande. A wide variety of legal scholars, including Lande,...
Duke Law mourns Francis McGovern, preeminent expert in ADR
March 1, 2020
The Duke Law community is mourning the passing of Professor Francis E. McGovern, who died on Feb. 14 following a fall at his home in Marin County, Calif. McGovern was renowned for his expertise in alternative dispute resolution (ADR) and his innovative work as a special master and mediator overseeing or advising on the management and settlement of mass tort claims. He is remembered by his colleagues as a cherished friend.
March 1, 2020
The Duke Law community is mourning the passing of Professor Francis E. McGovern, who died on Feb. 14 following a fall at his home in Marin County, Calif. McGovern was renowned for his expertise in alternative dispute resolution (ADR) and his innovative work as a special master and mediator overseeing or advising on the management and settlement of mass tort claims. He is remembered by his colleagues as a cherished friend.
Online Dispute Resolution: A Primer
February 28, 2020
Online Dispute Resolution (ODR) is not a new concept and has received significant scholarly attention. Nevertheless, there is still serious confusion over what ODR even means. As a recent scholar noted: “The phrase ODR is too broad to be useful.” For ODR to be properly utilized, more clarity is needed to help practitioners understand the scope, benefits, and drawbacks of ODR. This post is the first in a new series seeking to shed necessary light on ODR. In its original form, the term ODR was straightforward...
February 28, 2020
Online Dispute Resolution (ODR) is not a new concept and has received significant scholarly attention. Nevertheless, there is still serious confusion over what ODR even means. As a recent scholar noted: “The phrase ODR is too broad to be useful.” For ODR to be properly utilized, more clarity is needed to help practitioners understand the scope, benefits, and drawbacks of ODR. This post is the first in a new series seeking to shed necessary light on ODR. In its original form, the term ODR was straightforward...
Recent “Fifth Circuit Update” Presentation
February 27, 2020
I [David Coale] spoke at the State Bar’s “Litigation Update” last Friday to give a Supreme Court and Fifth Circuit update; here is my PowerPoint from that presentation. It covers SCOTUS and CTA5 cases of general interest to business litigators since the last Litigation Update seminar in January 2019.
February 27, 2020
I [David Coale] spoke at the State Bar’s “Litigation Update” last Friday to give a Supreme Court and Fifth Circuit update; here is my PowerPoint from that presentation. It covers SCOTUS and CTA5 cases of general interest to business litigators since the last Litigation Update seminar in January 2019.
