What Is Med-Arb?

What is Med-Arb

  Med-Arb is a long-standing and robust alternative dispute resolution practice that combines the mediation and arbitration processes. Med-Arb has become widely used in the last decade as an alternative dispute resolution process. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune 1,000 corporations had engaged …

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International Regimes | Better Understand People Across the Globe

INTERNATIONAL REGIMES

What is the concept of international regimes? Let’s dive right in! With the rise of technology and the movement toward globally connected societies, there has been a need for some kind of international organization between countries on infrastructure and resource distribution.  This is where the concept of international regimes finds itself.  The study of international …

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Disadvantages of Arbitration

Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …

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Class Action Waivers Explained

Class Action Waivers

With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …

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UNCITRAL Arbitration Rules

The UNCITRAL Arbitration Rules are a set of procedural rules that govern the process of arbitration and the international resolution of commercial disputes.  These rules may be used both in proceedings administered by UNCITRAL or by parties and arbitrators who have chosen to use them.  They provide a framework for the arbitration process and cover …

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Texas Arbitration Act

Texas Arbitration Act

The Texas Arbitration Act is the governing law over arbitrations occurring in Texas.  The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state.  While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …

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Peace Palace in The Hague

Peace Palace in The Hague

by Mikita Weaver I recently visited the Peace Palace in The Hague.  The structure and layout of the building is a testament to its unique purpose.  Andrew Carnegie contributed the funds to build the palace under two conditions: that it contain the largest international law library in the world, and that each member country contribute …

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What Should Appellate Mediation Look Like?

Appellate Mediation

I. Introduction For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute …

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International Bar Association’s Guidelines on International Arbitration

IBA International Arbitration

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 …

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“Why Can’t We Just Get Along?!” The Process Psychology of Arbitration and Mediation

The Process Psychology of Arbitration and Mediation

By Zachary Ulrich Have you ever had someone in your life with whom you just couldn’t seem to get along? A family member, perhaps? Maybe a colleague? A customer, supplier, or client? All of us have had seemingly “conflict-laden” relationships, and those relationships can be the sources of some of our most painful stress. Sometimes …

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