Article Clarifications: 1. A guideline or checklist of topic points was developed to cover a typical start-to-finish opening statement scenario. Those topic bullet points are designated in bold print but are not meant to be spoken. 2. Italic text enclosed in parentheses explains the mediator’s objective. 3. Bold text enclosed in parentheses are technical tips …
The year 1619 marked the first strike on American soil. It occurred in the Jamestown colony of what is now Virginia, and was then an English colony. Shipyard workers who were denied the vote because they were not of English descent refused to work. Jamestown Company officials bowed to the pressure and work resumed. Despite …
The types of conciliation can be overwhelming and confusing to sort through to find the best process for a given dispute. Parties have to evaluate whether arbitration, mediation, conciliation, or facilitation would fit best to resolve a dispute between the parties, and then the parties also have to prepare for the process that they choose. …
So you want to be an arbitrator and learn about arbitrator training? That’s not surprising. The US Department of Labor estimates that between now and 2029, the demand for arbitrators will grow at twice the rate expected for other occupations. And should you reach the top of the field, you can expect to be richly …
A conciliation hearing is typically a hearing that happens in a court called Conciliation Court. Many states have a court that they send claims under a certain value to that removes much of the procedure and time that a regular court proceeding requires to resolve smaller disputes more productively. In some places, this is called …
What are the benefits of mediation? Often, mediation and meditation are confused. Potential customers and eager salesmen call one kind of office looking for the other service all the time. Internet search engines bring up the wrong results, especially if there have not been prior similar searches, or the search was voice-activated. Mediation vs. Meditation …
In this article, we discuss the importance of environmental litigation and its effect on society. It was the spring of 1971. Then in second grade, this author saw a short film in school about air and water pollution. Horrified at what seemed to be our inescapable doom, I typed my first letter. In three or …
The ABCs of ADR The most comprehensive glossary of Alternative Dispute Resolution (ADR) terminology online. If we missed any terms, please let us know. ADR Help We’re ADR matchmakers… and have a knack for pairing up parties in conflict with qualified mediators and/or arbitrators. Get expert help today! ADR Blog As a trusted source of …
It’s been said that America is the most litigious society in the world, despite the fact that less than 2% of federal cases go all the way to trial. Many more cases do not reach the courthouse. We are, if anything, a society that settles disputes. We don’t talk that way, and as a group, …
By Hon. Henry Pitman (Ret.) Continued from Part II of III… Arbitrability Belton v. GE Capital Retail Bank, 961 F.3d 612 (2d Cir. June 16, 2020), petition for cert. filed, No. 20-481 (Oct. 14, 2020): Plaintiffs had opened accounts with defendant credit card companies; the cardmember agreements contained arbitration clauses. Plaintiffs’ accounts became delinquent, and …