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Program on Negotiation at Harvard | FREE Copy of Mediation Secrets for Better Business Negotiations: Top Mediator Techniques
By Victoria VanBuren - July 5, 2012
The Program on Negotiation at Harvard Law School is offering a free copy of Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts. The report contains helpful guidance on how to get the right mediator, understand the right steps, and ensure the right outcome. You may download the report here.
Article | National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report
By Victoria VanBuren - July 3, 2012
Professors Thomas Stipanowich (Pepperdine University School of Law), Nancy Welsh (Penn State University School of Law), Lisa Blomgren Bingham (Indiana University Bloomington), and Lawrence R. Mills have posted “National Roundtable on Consumer and Employment Dispute Resolution: Consumer Arbitration Roundtable Summary Report” on SSRN. The abstract is: Building upon the work of the ABA Dispute Resolution Section’s Consumer Arbitrat
ABA Section of Dispute Resolution Annual Meeting | August 2-5, 2012, Chicago
By Victoria VanBuren - July 2, 2012
Mark your calendars! The American Bar Association, Section of Dispute Resolution will host its Annual Meeting on August 2-5, 2012 in Chicago. The agenda features programs on civility, arbitration, mediation, and negotiation. The Section of Dispute Resolution brochure is here. For the ABA Annual Meeting homepage, click here. To register online, click here.
Recent Developments in International Arbitration | June 2012
By Victoria VanBuren - June 28, 2012
Following are this month’s recent developments in international arbitration law published by the International Law Office (free registration is required to view the articles): Turkey: Bilateral investment treaties and international arbitration Ecuador: Court prevents a disrupting strategy to derail arbitration India: Bilateral investment treaties: chosen pathway for dispute resolution Italy: Mandatory mediation: the Italian experience, two
Article | Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices
By Victoria VanBuren - June 27, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted “Mandatory Arbitration of Internal Trust Disputes: Improving Arbitrability and Enforceability Through Proper Procedural Choices,” 28 Arbitration International __ (forthcoming 2012) on SSRN. The abstract is: Trusts and their civil law equivalents, often known as foundations or associations, play a large and increasing role in the global economy, holding trillions of doll
Video | The Three Little Pigs Go To Mediation
By Victoria VanBuren - June 26, 2012
We invite you to check out The Three Little Pigs Go to Mediation video, created by the Department of Veteran’s Affairs, this interesting video explains and demonstrates the principles of mediation. The video is available here.
Texas Supreme Court Grants Petition for Review in Trust Arbitration Case
By Victoria VanBuren - June 25, 2012
On June 8, 2012, the Texas Supreme Court granted petition for review to Rachal v. Reitz, 347 S.W.3d 305 (Tex.App.—Dallas 2011, pet. granted). The issue is whether a provision stating the settlor’s intent that disputes involving the trust be resolved by arbitration is enforceable under the Texas Arbitration Act . The appellate court had declined to compel arbitration on the grounds that a valid agreement to arbitrate did not exist. Here are
Arbitration and Mediation Legislative Update | June, 2012
By Victoria VanBuren - June 21, 2012
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Bills that passed: Patent Reform Act of 2011 (a.k.a. America Invents Act). The Act provides, among other things that parties to a deri
Article | Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime?
By Victoria VanBuren - June 20, 2012
Professor S.I. Strong (University of Missouri School of Law) has posted Mass Procedures in Abaclat v. Argentine Republic: Are They Consistent with the International Investment Regime?, 3 Yearbook on International Arbitration_ (forthcoming 2012) on SSRN. Here is the abstract: Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) has been brought in an investment arbitration. This Article consi
California Court Affirms Class Action Waivers in Employment Arbitration Contracts
By Victoria VanBuren - June 19, 2012
The California Court of Appeal held that class action waivers are enforceable in California employment arbitration agreements. In Iskanian v. CLS Transportation Los Angeles, LLC, Arshavir Iskanian worked as a driver for defendant CLS Transportation Los Angeles, LLC (“CLS”) from March 2004 to August 2005. In December 2004, Iskanian signed a “Proprietary Information and Arbitration Policy/Agreement” (arbitration agreement) that contains
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