Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what? Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process. The co-opting of ADR into litigation has changed it. For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …
By Amy L. Lieberman, Esq. C- Level and senior executive conflicts are a different animal. Significant amounts of money and even entire businesses can be at stake. Personalities can be larger than life. Conflict at this level of any company requires both a pragmatic and diplomatic approach. Individual and even corporate reputations can be ravaged, …
By Ali Arif Introduction The Israeli-Palestinian Conflict is one of the longest running disputes in modern history. It is a very complex issue which can be traced back to ancient times. The issue can be analyzed from a geopolitical, religious, cultural, military, diplomatic as well as countless other angles. However, this paper will focus on …
By Scott C. Van Soye It’s after lunch, and Fred’s feeling pretty good as he sorts through today’s mail. Ah! There it is, Tom Smith’s response to Fred’s settlement offer in Ajax Accounting v. Johnston. It’s a solid offer, and Fred smiles as he thinks about the vacation he’s going to take during what are …
In 2011, the late Tim Pownall on behalf of the PACIS project in faith-based diplomacy accepted the 2011 Peacemaker Award given each year by the Association for Conflict Resolution. The Association for Conflict Resolution (ACR) is an organization committed to awareness of conflict resolution in the public. ACR’s vision is that “All people know their …
By Howard Stern Using Education to Reach Resolution in Palestinian-Israeli Conflict When I started out as a mediator, I soon learned that parties don’t always tell the truth and parties do not always disclose all the facts of a case. Only by exploring areas where the parties don’t want to go, do I find underlying …
By Zach Ulrich Our ADR Times Contributing Editor, Zach Ulrich, previously had the opportunity to sit down with expert mediator and arbitrator Scott Van Soye (now Managing Editor of ADR Times), to discuss Mr. Van Soye’s insights into the emotions and typical negotiation dynamics of mediation, his unique perspective into employment and disability cases, and …
By Bill Eddy One day I was meeting with a husband and wife for their second or third divorce mediation session. They were high-powered, both in upper management positions. I thought that their family mediation would be like a business meeting. But no! At the beginning of this session, the husband leans over shaking his …
Can you back out of a settlement agreement if you have changed your mind? Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you. The gulf between initial expectations and final settlement can be …
What does the perfect arbitration agreement look like? If you are seeking one agreement that will be ideal across the board, there is no such thing. Of course, there are provisions that should be in your arbitration agreement. Before discussing how to draft the perfect arbitration agreement, we should consider some of the arbitration’s imperfections. …