Suzanne Nusbaum, Author at ADR Times

Using Technology To Overcome Impasse in Commercial Disputes

July 9, 2020March 16, 2013 by Suzanne Nusbaum

In traditional ADR, the participants appear in person, where they can communicate both verbally and nonverbally. Impasse may arise when persons look or sound different. The parties interact in real time, syn- chronously. Parties often heavily rely upon body language to interpret the words being said. The process is customarily confidential, and par- ties often agree not to share the comments made in the mediation room with persons who are not present or not integral to resolving the dis- pute. Online, however, there may be no view of the persons who are communicating. The communication may be entirely in written form.

Lessons from the HP v. Oracle Trial

July 9, 2020June 14, 2012 by Suzanne Nusbaum

I had the opportunity this week to watch some of the Hewlett Packard v. Oracle Corporation trial in the California Superior Court, Santa Clara County, Case no. 1-11-CV-203163. The case results from a failed settlement in Hewlett-Packard Company v. Hurd, SCCSCT Case No. 1-10-cv-181699. That case was dismissed with prejudice on September 22, 2010 following the execution of a written settlement agreement.

Law Updates on Arbitration Topics

July 9, 2020May 2, 2012 by Suzanne Nusbaum

The federal courts frequently make decisions on arbitration. Outlined are a few relevant decisions from the first few months of 2012 discussing various aspects of arbitration.

Law Updates on Arbitrability

July 9, 2020April 23, 2012 by Suzanne Nusbaum

The federal courts frequently make decisions on arbitration, particularly issues relating to arbitrability. Outlined below, are a few relevant decisions from the first few months of 2012 discussing various aspects of arbitrability:

Law Updates on Arbitration Enforcement

July 9, 2020April 19, 2012 by Suzanne Nusbaum

The federal courts frequently make decisions on arbitration, particularly issues relating to enforcement of arbitration awards. Outlined below, are a few relevant decisions from the first few months of 2012 discussing various aspects of enforcement.

Using Technology to Overcome Impasse

July 9, 2020March 16, 2012 by Suzanne Nusbaum

This paper will address the use of online technology to overcome impasse in dispute resolution. Since all dispute resolution is an exercise in communication, we will examine how internet technology either aids or impedes efforts to exchange information and reach understanding. Then we will look at the actual technology now being employed and how it works to overcome specific types of impasse.