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Archived articles from 2014
173 articles found
Three Surveys Offering New Insights into ADR Practices
By Renee Kolar - July 22, 2014
Professor Thomas Stipanowich recently published information regarding three major surveys conducted by the The Straus Institute’s Theory-to-Practice Research Project that produced a wide array of new information on arbitrator and mediator practices as well as insights into corporate use of ADR.
Does Mediation Still Promote Settlement?
By Renee Kolar - July 21, 2014
Experienced and well-renowned mediator, Jeffery Krivis, just posted an article on the current role of mediation in achieving efficient and cost-effective settlements entitled The Settlement Drift. Check it out!
U.S. Proposes Convention to Enforce Mediated Settlements to UNCITRAL
By Beth Graham - July 20, 2014
Earlier this month, the United Nations Commission on International Trade Law (UNCITRAL) approved its draft UNCITRAL Convention on transparency in treaty-based investor-State arbitration at its 47th session in New York City.
ABA / Straus Institute Survey of Corporate Counsel
By Thomas J. Stipanowich - July 18, 2014
One of the three recent surveys undertaken by the Straus Institute in 2013 as part of the Theory-to-Practice Research Project was a survey of corporate counsel co-sponsored by the American Bar Association’s Section on Public Utilities, Communication and Transportation (PUCAT) ADR Committee. The Institute’s work was conducted pursuant to a contractual agreement with PUCAT.
The Settlement Drift, Part III
By Jeffrey Krivis - July 17, 2014
Some might argue that the system doesn't need fixing. After all, most providers and successful mediators are enjoying sizable financial benefits, and the courts continue to inundate private industry with referrals. Indeed, when the mediation process is successful it is a joy for all involved and a reminder of why the process gained such favor in the civil justice system.
International Academy of Mediators (IAM) / Straus Institute Survey on Mediator Practices and Perceptions
By Thomas J. Stipanowich - July 16, 2014
The IAM-Straus Institute Survey on Mediator Practices and Perceptions, was conducted in the spring of 2014 and is one of the three recent surveys carried out by the Straus Institute under the umbrella of the Theory-to-Practice Research Project. It was facilitated by a grant from the IAM.
The Settlement Drift, Part II
By Jeffrey Krivis - July 15, 2014
The dilution of the process by mandatory mediation programs. The institutionalization of mediation into court programs has resulted in way too many cases going to mediation that did not belong in that process in the first place. Why?
College of Commercial Arbitrators (CCA) / Straus Institute for Dispute Resolution Survey on Arbitration Practice (Fall 2013)
By Thomas J. Stipanowich - July 14, 2014
The CCA-Straus Institute Survey on Arbitration Practice, one of the Straus Institute’s three recent surveys under the Theory-to-Practice Research Project, consisted of 65 multiple-choice and short-answer questions on respondents’ arbitration experiences and opinions on arbitration practices and the future of the arbitration field-at-large.
The Settlement Drift, Part I
By Jeffrey Krivis - July 11, 2014
According to commentator Rachel Maddow in her book "Drift," the way the United States goes to war has gradually become more secretive and less democratic. She observes that in the last half century, the decision to go to war has become too easy.
The Straus Institute Theory-to-Practice Research Project
By Thomas J. Stipanowich - July 10, 2014
The Straus Institute’s Theory-to-Practice Research Project was begun in 2013 as an ongoing initiative aimed at expanding our knowledge of dispute resolution practices; understanding the perspectives of mediators, arbitrators, judges, corporate counsel and legal advocates; and garnering other empirical information regarding dispute resolution processes and participants’ judgments, decisions and choices.
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