By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, had the opportunity to sit down with expert international mediator and arbitrator Eric van Ginkel, and discuss topics including the role of culture and language in international disputes, differences between international and intranational conflicts, and Mr. van Ginkel’s career as a neutral. A consummate commercial …
By Jasper Ozbirn In negotiation theory, it is a basic beginner’s rule not to start with your best offer, or your “bottom line.” When I first heard this, I wondered, “Why not?” I had always negotiated by simply deciding what I would pay for an item, and then walking in and offering that price. If …
By David C. Peterson It’s no secret that insurance carriers have altered their practices in the past several years. Authority and independent judgment they previously possessed has been removed from adjusters, managers, and supervisors as executives in the companies strive for uniformity in claims handling and ironclad control over settlement decisions. Rarely at mediation is …
After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement. On the surface, the two options look very similar. Both include the …
Mike was excited. The classes were over at last, the internship was done, and he’d been approved for the civil panel. Today was his first solo mediation. He opened the door and strode in. The lawyers and their clients looked up expectantly at Mike. He froze. What should he say next? Where we begin a …
By Mikita Weaver I was fortunate enough to attend a Horse Race in Hong Kong. I heard about the race from a friend I met while traveling who just so happened to be a horse jockey in the United States. We were both eager to see what proved to be an exhilarating cultural experience. Apparently, …
By Nedy Warren, Esq. SPHR The average working American devotes more time to work than to family, leisure, or even sleep. According to the Bureau of Labor Statistics, time spent working beats time spent sleeping by an entire hour. Given the amount of time and energy we spend at work—plus the fact that conflict is …
By Scott Van Soye George nervously drummed his fingers on the desk. He was torn. On the one hand, he’d known this lawsuit ought to settle the moment Brad Givens retained him. The facts were weak, the law was unsettled, and Brad could make real money in partnership with the defendants, if they could stop …
The International Bar Association’s Arbitration Committee is one of the world’s largest professional groups for counsel and arbitrators handling transnational disputes. The Committee currently includes over 2,600 members from 115 countries. According to the IBA, membership is steadily increasing. The Arbitration Committee has published several sets of Rules and Guidelines that are widely accepted by …
Dispute resolution is a process. The beginning phase — bringing everyone together under conditions conducive to settlement — is called convening. Convening can be as simple as a few phone calls, where those involved already know what they want and are properly prepared for it. Or it can be as complex as holding a long …