Karl Bayer's Disputing Blog

Federal Judge Orders Google Wallet Consumer Privacy Dispute to Mediation

By Beth Graham - October 24, 2014

A federal judge in California has reportedly ordered a consumer privacy dispute that was filed against technology giant Google to mediation.

Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part III)

By Renee Kolar - August 29, 2014

In part III of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich highlights five trends that are likely to have a growing impact on our lives, on law practice and the management of conflict. Those five trends are: technology, globalization, insights through behavioral science and "big data," longer productive lives (active retirement), and education and credentialing in the professional practice.

Summary of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution (Part II)

By Renee Kolar - August 27, 2014

In Part II of Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Professor Stipanowich discusses which of the dispute resolution methods from the end of the twentieth century are still used today and describes the current situation of dispute resolution in the construction industry.

Mediator Ethical Breaches: Implications for Public Policy

By Beth Graham - August 11, 2014

Hamline University School of Law Professor Sharon Press has published Mediator Ethical Breaches: Implications for Public Policy, Penn State Yearbook on Arbitration and Mediation, Vol. 6, p. 107 (2014).

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.

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?