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Connecticut Judicial Branch Begins ODR Pilot Program for Eligible Contract Disputes
By Beth Graham - January 10, 2019
At the beginning of the new year, two Connecticut judicial districts reportedly implemented an online dispute resolution pilot program designed to resolve certain contract disputes without the need for engaging in the judicial process.
Dallas COA Rules No Right to Interlocutory Judicial Review of Arbitration Panel’s Order
By Beth Graham - November 15, 2018
Texas’s Fifth District Court of Appeals in Dallas has issued an opinion stating neither the Texas Arbitration Act (“TAA”) nor Section 150.002 of the Texas Civil Practice and Remedies Code provides a party to an arbitration proceeding with the right to file an interlocutory appeal.
The ICSID Conciliation Rules in Practice
By Beth Graham - November 7, 2018
Frauke Nitschke, Team Leader and Legal Counsel on one of the Case Management Teams at the International Centre for Settlement of Investment Disputes has published “The ICSID Conciliation Rules in Practice,” Forthcoming, Mediation in International Commercial and Investment Disputes, edited by Catharine Titi and Katia Fach Gómes (Oxford University Press 2018).
International Investment Law and Alternative Dispute Resolution: A Guide to Web Based Resources
By Beth Graham - October 2, 2018
Caroline L. Osborne, Associate Professor of Law and Library Director at the West Virginia University College of Law, has published a useful research tool titled, “International Investment Law and Alternative Dispute Resolution: A Guide to Web Based Resources,” International Journal of Legal Information (forthcoming); WVU College of Law Research Paper No. 2018-004.
SBOT Professional Ethics Committee Issues New Opinion Regarding Lawyer-Mediators
By Beth Graham - September 14, 2018
The Professional Ethics Committee for the State Bar of Texas recently issued a written opinion regarding whether it is permissible for a Texas attorney-mediator to prepare a post-mediation written agreement memorializing any agreed-upon terms and also offer guidance to the parties regarding the inclusion of additional terms that were not previously discussed during the mediation process.
Does ADR’s “Access to Justice” Come at the Expense of Meaningful Consent?
By Beth Graham - August 17, 2018
Jacqueline M. Nolan-Haley, Professor of Law at Fordham University School of Law, has published a thoughtful journal article titled “Does ADR's 'Access to Justice' Come at the Expense of Meaningful Consent?,” Ohio State Journal on Dispute Resolution, Vol. 33, No. 3, 2018; Fordham Law Legal Studies Research Paper No. 3230033.
Non-Lawyer Advocates Representing Parties in Dispute Resolution
By Beth Graham - June 6, 2018
Elayne E. Greenberg, Assistant Dean for Dispute Resolution, Professor of Legal Practice, and Director of the Hugh L. Carey Center for Dispute Resolution at St. John’s University School of Law, has written an interesting article titled “Acts Like a Lawyer, Talks Like a Lawyer... Non-Lawyer Advocates Representing Parties in Dispute Resolution,” NYSBA New York Dispute Resolution Lawyer, Vol. 11, No. 1 (Spring 2018); St. John's Legal Studies Research
Mixed Modes Task Force Working Group Seeks Feedback from ADR Neutrals
By Merril Hirsh, FCIArb - May 1, 2018
Based on initial feedback from the Global Pound Conference, a Mixed Modes Task Force has been set up by the College of Commercial Arbitrators (CCA), the International Mediation Institute (IMI) and the Straus Institute for Dispute Resolution, Pepperdine School of Law to examine possible new ways of combining mediation with arbitration.
NBA Team Agrees to Mediation in Proposed Class Action Case Over Smartphone App
By Beth Graham - January 24, 2018
The Golden State Warriors professional basketball team has reportedly agreed to engage in private mediation with a fan who filed a proposed class action lawsuit claiming the team recorded her private conversations using a smartphone app.
Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis
By Beth Graham - January 11, 2018
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published “Applying the Lessons of International Commercial Arbitration to International Commercial Mediation: A Dispute System Design Analysis,” Book chapter in Mediation in International Commercial and Investment Disputes (Oxford University Press, Catharine Titi and Katia Fach Gomez , eds.) 2018 Forthcoming; University of Missouri School of Law Legal
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