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The Guide to Dispute Resolution Processes

By Victoria VanBuren - November 29, 2012

The American Bar Association (ABA) Guide to Dispute Resolution Processes is designed to educate members of the public about dispute resolution processes commonly used to resolve legal, community, school, public policy and many other types of disputes. You may download the Guide (for free) here. “What Is Dispute Resolution? Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict,

Ethical Intelligence in Conflict Engagement

By Victoria VanBuren - November 9, 2012

by Holly Hayes I recently read the book Ethical Intelligence by Bruce Weinstein, PhD, also known as The Ethics Guy. The subtitle of the book is “Five Principles for Untangling Your Toughest Problems at Work and Beyond”. In Chapter 10, titled “If I Am Not for Myself, Who Will Be? Ethical Intelligence with Yourself” Dr. Weinstein talks about “Five Rules of Engagement” for dealing with anger using ethical intellig

Arbitration and Mediation Update | October 2012

By Victoria VanBuren - October 24, 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 - September 26, 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) – preprinted in 9 Transnational Dispute Management (Aug. 2012) The abstract is: Abaclat v. Argentine Republic is the first time that a mass claim (in this case, 60,000 Italian bondholders) h

Fifth Circuit Decides on Arbitrability of Claims

By Victoria VanBuren - September 10, 2012

by Jeremy Clare The United States Court of Appeals for the Fifth Circuit affirmed the district court’s ruling confirming an arbitration award. In Petrofac, Inc., v. DynMcDermott Petroleum Operations Company, No. 1-20141 (5th Cir. July 17, 2012), DynMcDermott Petroleum Operations Company (“DM”), which operates the Strategic Petroleum Reserve for the Department of Energy, contracted with Petrofac to design and install a transportable degas plant to

Nurses Addressing Conflict

By Victoria VanBuren - August 10, 2012

by Holly Hayes The Nurse Together blog has posted a four-part series on conflict in the healthcare setting. The first part looks at the sources and cost of conflict. The article states: Attempts to quantify the financial effects of conflict are also eye-opening. A blog post titled The Hidden Cost of Conflict Among Healthcare Teams quoted several studies that calculate these costs. For example: One study done by the American Management Association

GUEST-POST | Cross-border Agreements into India: The Arbitration Clause

By Victoria VanBuren - July 27, 2012

by Rustam Dubash and Saionton Basu Cross-border agreements into India – the arbitration clause International agreements in most cases will include an arbitration clause, setting out the governing law of the contract and the seat of arbitration. When dealing with an Indian party, this may not entirely prevent litigation before the Indian courts, since judicial intervention in Indian courts could still occur unless specific language excluding

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

Recent Developments in International Arbitration | April, 2012

By Victoria VanBuren - April 30, 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): United States: Arbitrability as a threat to finality of international arbitration awards France: Award annulled due to withdrawn counterclaims introduced by insolvent defendant International: Best practices: the importance of experienced arbitration counsel United Kin

Lowering Malpractice Risk through Disclosure

By Holly Hayes - March 23, 2012

by Holly Hayes The University of Michigan Health System implemented a system to respond to patient injuries and medical malpractice claims and has “lowered its average monthly cost rates for liability, patient compensation, reserves, and non-compensation legal costs” as well as reducing “its average monthly rate of new claims from 7.03 to 4.52 claims per 100,000 patient encounters, decreased the average monthly rate of lawsuits