As I look out of the window of my home office and take in the stillness of a complete lockdown that has been imposed in the wake of COVID-19, I am struck by the sense of balance that exists amidst the chaos and panic that also overwhelms me.
It is hard to imagine for many, especially for the baby boomer generation, what a digital court is, because most of us are unfamiliar and resistant to the digital world of the 4th Industrial Revolution.
This article describes various early dispute resolution processes and highlights presentations by Duncan MacKay, Deputy General Counsel & Chief Compliance Officer of Eversource Energy, and Conna Weiner, a mediator and arbitrator at JAMS and CPR.
This article examines the Singapore Convention: An opportunity to make mediation the default response.
The landmark decision of the Singapore Convention signing by India on August 07, 2019 puts the future of mediation and mediated settlements in India on a strong pedestal.
Daniel Dana has written two haikus for mediators, with his perspective on self-quarantine.
To learn more about the challenges of mediation practice and how the practice has evolved, Kimberlee Kovach recently sat down with Jeffrey Krivis, Judith Meyer, and Larry Watson to get their perspectives.
An insurance contract is a contract wherein the insurer accepts insurance risk from the policyholder, by agreeing to compensate him/her on payment of a specified amount called premium, if a specified uncertain future event that adversely affects the policyholder takes place.
Anyone managing international business disputes needs to understand the Singapore Convention on Mediation.
Peter Kaskell died on December 12, 2019. He was a dear friend whom I met at the CPR Institute and who taught me not just the delicate arts of demand-led commercial dispute management, but the even more delicate arts of humility, service and attention to others’ needs.
The Singapore Convention parallels the New York Convention for Arbitration by legitimizing mediation as a dispute resolution method for international commercial transactions.
As a business owner, it’s extremely important to familiarize yourself with dispute resolution and the processes you need to take depending on the severity of a case.
Charlie Irvine in his recent Kluwer blog (Mediation Values: Still Searching) suggested it is our values that determine what we do or say in a mediation rather than any techniques we learn as mediators.
Mediators need to formulate and ask incisive questions that challenge entrenched thinking and shift perspectives.
The California Supreme Court recently said it is timely to submit a request for costs under Code of Civil Procedure section 998 to the arbitrator after a final award on the merits has been issued.
Enlisting the Involvement of Organizational Ombuds to Resolve Workplace Conflicts at Public Schools in Hong Kong
This article advocates the establishment of organizational ombuds by the Education and Development Bureau in Hong Kong to complement its current system to resolve workplace conflicts at public schools.
Dispute resolution across Europe is going through a period of significant turmoil.
Dr. Joshua Weiss shares his TED talk on The Wired Negotiator.
This article discusses the ideological divide looking at conflict from both a mediator's (Part 1) and a therapist's perspective (Part 2).
You have met them if you have been mediating for any length of time: High Conflict People.
This article looks at mandatory pre-institution commercial mediation in India and asks is this a premature step in the right direction?
This article directs the special advantages of mediation for resolving disputes. It outlines the specific procedure for mediation that optimizes these advantages over arbitration.
The attached articles highlight further effects of the tax reform, one specifically focused on Prenuptial Contracts, and the second more generally on family financial decisions.
This is a brief article covering the background of the Birbrower case and the adoption of new legislation in California which will allow foreign attorneys to appear in international arbitrations.