How to define partiality? Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define. I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …
Opening statements in mediation set the tone for the rest of the mediation process. They open the mediation and begin the conciliatory process. Both the mediator and parties have the opportunity to set the stage for what they hope to accomplish and how they see the issues at hand. Because they hold so much power …
By Zachary Ulrich Ever get mad at someone because they did something you didn’t expect? Of course you have, we all have. They’re not something we directly think about every day, but expectations are a key component of what drives many peoples’ behavior – including our own – all the time. When we sit down …
By Scott C. Van Soye Med-Arb is a long-standing and robust practice that combines the flexibility and self-determination inherent in mediation with the certainty and finality of arbitration. Med-Arb has become widely used in the last decade. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune …
By Doug Noll I use the term peacemaking to describe the values and processes involved in transforming difficult and intractable conflicts. Peacemaking encompasses mediation; however, mediation, especially mediation of litigated disputes, does not necessarily include peacemaking. Knowing the difference is useful because it can influence the processes and interventions used by mediators. Ten Principles of …
By Kristofer S. Michaud Dispute Resolution Systems Design and Implementation in a Corporate Setting Increasingly, corporations recognize the value of a Program for managing workplace conflict that precludes litigation. These systems are designed by trained ADR consultants retained by the company on a contract basis. In order to implement such a Program, there must first …
By Eric M. Epstein, Esq. I’ve practiced employment law for more than 35 years, representing both employees and employers. I‘ve also been selected as an Arbitrator in more than 50 employment arbitrations. As a result of this experience, I have come to recognize common factors that often precipitate wrongful termination cases. While there’s no way …
By J. Carlton Sims Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive …
By Scott C. Van Soye In 1998, Professor Thomas J. Stipanowich, then of the University of Kentucky, was asked to chart the future of arbitration in the 21st Century. He suggested then that arbitrators would increasingly be asked to “wear more than one hat.” That is, he predicted the growth of hybrid forms of dispute resolution …
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 …
