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Use and Perception of International Commercial Mediation and Conciliation
November 20, 2014
This report provides preliminary findings from the first-ever large-scale international survey regarding the use and perception of international commercial mediation and conciliation in the international legal and business communities. This information was gathered to assist the United Nations Commission on International Trade Law (UNCITRAL) and UNCITRAL Working Group II (Arbitration and Conciliation) as they consider a proposal from the Government of the United States regarding a possible convention...
November 20, 2014
This report provides preliminary findings from the first-ever large-scale international survey regarding the use and perception of international commercial mediation and conciliation in the international legal and business communities. This information was gathered to assist the United Nations Commission on International Trade Law (UNCITRAL) and UNCITRAL Working Group II (Arbitration and Conciliation) as they consider a proposal from the Government of the United States regarding a possible convention...
The Case for Dispute Resolution Clauses in Contracts
November 20, 2014
One way to be proactive is in drafting contracts and agreements. Partnership or operating agreements, homeowner-contractor contracts, employment agreements, non-competes, transactional and other kinds of agreements are the first steps in dispute prevention. A good contract lawyer will work with his clients to know their businesses well, anticipate the kinds of issues that will come up and address them in the contract. That’s what makes an agreement that a lawyer worked on valuable and very different...
November 20, 2014
One way to be proactive is in drafting contracts and agreements. Partnership or operating agreements, homeowner-contractor contracts, employment agreements, non-competes, transactional and other kinds of agreements are the first steps in dispute prevention. A good contract lawyer will work with his clients to know their businesses well, anticipate the kinds of issues that will come up and address them in the contract. That’s what makes an agreement that a lawyer worked on valuable and very different...
Friendly Persuasion in Civil Case Mediations
November 20, 2014
Professor James A. Wall Jr., Fellow at the University of Missouri School of Law’s Center for Dispute Resolution, and Dr. Suzanne Chan-Serafin, Senior Lecturer at the University of New South Wales, Australia School of Organization and Management, have published an interesting article entitled, Friendly Persuasion in Civil Case Mediations, Conflict Resolution Quarterly, 31: 285–303. In their paper, the authors discuss the results of an observational study that analyzed disputant satisfaction following...
November 20, 2014
Professor James A. Wall Jr., Fellow at the University of Missouri School of Law’s Center for Dispute Resolution, and Dr. Suzanne Chan-Serafin, Senior Lecturer at the University of New South Wales, Australia School of Organization and Management, have published an interesting article entitled, Friendly Persuasion in Civil Case Mediations, Conflict Resolution Quarterly, 31: 285–303. In their paper, the authors discuss the results of an observational study that analyzed disputant satisfaction following...
Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
November 20, 2014
A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the cooperation...
November 20, 2014
A wide-ranging new Straus Institute for Dispute Resolution Survey of experienced arbitrators, conducted with the cooperation...
Does Your Computer Need a Law Degree
November 19, 2014
“The Formula” is a new book by the author of “The Apple Revolution,” Luke Dormehl, which tackles the rise of algorithms...
November 19, 2014
“The Formula” is a new book by the author of “The Apple Revolution,” Luke Dormehl, which tackles the rise of algorithms...
The Urgent Need For Data: Are the Needs of Users and the Dispute Resolution Market Misaligned?
November 19, 2014
The initial data harvested at this major Convention may encourage ADR's stakeholders to re-think some of their strategies....
November 19, 2014
The initial data harvested at this major Convention may encourage ADR's stakeholders to re-think some of their strategies....
E.D. Texas Orders Guardrail Safety Case to Mediation Following $175 Million Jury Award
November 19, 2014
Earlier this week, a federal judge in Marshall, Texas reportedly ordered a guardrail manufacturer and a whistleblower to engage in mediation by the end of the year. In U.S. ex rel. Harman v. Trinity Industries Inc. et al., No. 12-00089 (E. D. Tex.), a company competitor, Harman, claimed that Trinity Industries changed the design of its highway guardrail heads in 2005 without notifying the Federal Highway Administration (“FHA”). According to Harman, the undisclosed cost-saving measure placed motor...
November 19, 2014
Earlier this week, a federal judge in Marshall, Texas reportedly ordered a guardrail manufacturer and a whistleblower to engage in mediation by the end of the year. In U.S. ex rel. Harman v. Trinity Industries Inc. et al., No. 12-00089 (E. D. Tex.), a company competitor, Harman, claimed that Trinity Industries changed the design of its highway guardrail heads in 2005 without notifying the Federal Highway Administration (“FHA”). According to Harman, the undisclosed cost-saving measure placed motor...
Arbitration in Evolution: Current Practices and Perspectives of Experienced Commercial Arbitrators
November 19, 2014
Today, arbitration is a key alternative to the litigation of business disputes within the United States and other countries and is the primary method of adjudicating international commercial disputes. Growing numbers are seeking to promote themselves as advocates specializing in arbitration or as “professional” arbitrators. In light of these developments, it is surprising that there has never been a wide-ranging, thoroughgoing empirical survey of practices and perspectives among experienced commercial...
November 19, 2014
Today, arbitration is a key alternative to the litigation of business disputes within the United States and other countries and is the primary method of adjudicating international commercial disputes. Growing numbers are seeking to promote themselves as advocates specializing in arbitration or as “professional” arbitrators. In light of these developments, it is surprising that there has never been a wide-ranging, thoroughgoing empirical survey of practices and perspectives among experienced commercial...
How to Spend the Last 10 Minutes of Your Day
November 18, 2014
How much sleep did you get last night? If the answer is “not enough” you’re hardly alone. According to Gallup’s estimates, almost half the people you’ll run into today are suffering from some level of sleep deprivation. We often dismiss a little morning fatigue as an inconvenience, but here’s the reality. Missing sleep worsens your mood, weakens your memory, and harms your decision-making all day long. It scatters your focus, prevents you from thinking flexibly, and makes you more...
November 18, 2014
How much sleep did you get last night? If the answer is “not enough” you’re hardly alone. According to Gallup’s estimates, almost half the people you’ll run into today are suffering from some level of sleep deprivation. We often dismiss a little morning fatigue as an inconvenience, but here’s the reality. Missing sleep worsens your mood, weakens your memory, and harms your decision-making all day long. It scatters your focus, prevents you from thinking flexibly, and makes you more...
Knowledge Management in the Construction Industry: Integration Between Research and Practice
November 18, 2014
The construction industry is characterized by the production of massive number of documents in different formats. Successful completion of projects is highly dependent on efficient communication of essential information conveyed by these documents. Furthermore, the majority of decision making processes involve assimilating previously gained experiences from similar projects with newly introduced information. Being highly reliant on human intervention, such processes are time demanding and prone to error....
November 18, 2014
The construction industry is characterized by the production of massive number of documents in different formats. Successful completion of projects is highly dependent on efficient communication of essential information conveyed by these documents. Furthermore, the majority of decision making processes involve assimilating previously gained experiences from similar projects with newly introduced information. Being highly reliant on human intervention, such processes are time demanding and prone to error....
