Confidentiality

7 Proven Steps to Start Creating An Excellent Mediation Brief

Attorneys receive lots of training and spend countless hours practicing to prepare winning appellate briefs, arguments, and summary judgment motions. With that said, it’s important to also focus on mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.

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Supreme Court Will Examine Difference Between “Arbitrability” and “Jurisdiction”

The Supreme Court has granted certiorari to review the decision of the 1st Circuit in Oliveira v. New Prime, Inc. (No. 15-2364, May 12, 2017).   One of the issues before the Court is particularly interesting:  Whether a delegation clause vesting in an arbitrator questions of arbitrability of a claim has the effect of removing from a court any power to determine whether the court has jurisdiction to grant a motion to compel arbitration.

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Metrics on Arbitration Efficiency

The current issue of New York Dispute Resolution Lawyer — really a very good publication of the New York State Bar Association’s Dispute Resolution Section — includes a brief article by Roy Weinstein of the economic research and consulting firm Micronomics.  

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Special ADR Event at New York Law School November 15

The James F. Henry Speaker Series at New York Law School’s ADR Skills Program will offer its third event of the year on Wednesday, November 15, 2017, when CPR President Noah Hanft joins panelists Greg Gallopoulos (GC of General Dynamics) and Prof. Joan Stearns Johnsen to discuss how vital commercial contracts are “Built to Last.”

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Singapore: The Hub of International Commercial Dispute Resolution

The Union Internationale des Avocats held its 24th World Forum of Mediation Centres in Singapore on October 13-14.  In addition to the usual high level of discourse and the unparalleled opportunity to meet new friends and keep the old, this particular Forum offered the additional opportunity to reassess the extraordinary richness of Singapore as a world center for international commerce and commercial dispute resolution.

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Prevalence of Employment Arbitration is Measured

Two recently released survey reports measure the pervasive use of arbitration to resolve workplace disputes. Alexander J.S. Colvin of the Economic Policy Institute in Washington, D.C., has concluded that, “since the early 2000, the share of workers subject to mandatory arbitration has more than doubled and now exceeds 55 percent.”

 

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Market Disruption, Anyone?

Recently I attended a Mediation Summit in Hangzhou, China, and with some other American colleagues I was given a tour of the West Lake District Court in Hangzhou, China.  The lobby had arrows pointing ahead for “lawyer service,” to the left for “court,” and to the right for “mediation and rapid arbitration.”

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