Conciliation Process: A Step-by-Step Guide (Part I of II)

Process of Conciliation

Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution.  Conciliation is a method of dispute resolution that …

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New York Convention Arbitration

New York Convention Arbitration

The New York Arbitration Convention is the leading piece of international law governing the enforcement of arbitral awards internationally.  Every arbitration award that has been granted from one foreign state to another has likely interacted with the New York Convention in some way.  Formally called the Convention on the Recognition and Enforcement of Foreign Arbitral …

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What is the Role of the Court of Arbitration for Sport?

Court of Arbitration for Sport

The Court of Arbitration for Sport is also known as the Supreme Court for sport.  Known for anti-doping cases and the official court of disputes related to the Olympic games, the Court is a newer concept set up to handle disputes that are related to sports around the world.  Most countries around the world have …

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Class Action Arbitration: The Legality and Related Waiver Clauses

Class Action Arbitration

One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof.  Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …

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International NDA: All You Need to Know

international NDA

In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA.  This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them.  When this is the case, the parties may …

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Arbitration Panels: Advantages and Disadvantages

Arbitration Panel

Undoubtedly, most arbitration agreements call for a single arbitrator.  But some agreements call for a panel of three sometimes called a tripartite panel.  The tripartite arbitration panel is not a new concept. President George Washington will reportedly be called for the appointment of a three-arbitrator panel in the event of a dispute about his estate. …

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Conciliatory Policy. What is a Conciliatory Approach?

IBA International Arbitration

More businesses, schools, and governments have begun to adopt a conciliatory policy when evaluating and creating their conflict resolution processes.  Yet many people that follow and interact with these processes do not fully understand the term conciliatory and how it affects the dispute resolution process.  For some people, a conciliatory process may feel fresh and …

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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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Individualist vs. Collectivist Peacemaking

Individualist vs. Collectivist Peacemaking

“Blessed are the peacemakers.” We value peacemakers. We may even aspire to be among them. But often we have no firm conception of what it means to “make peace.” Does it mean to cause the cessation of conflict, by whatever means? Or does it refer only to non-violent efforts to mediate disputes, or to bring …

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Searching for Truth in a World of Lies and Misconceptions

Searching for Truth

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 positions driven by undisclosed influences. These may well otherwise remain hidden …

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