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Part Three: Determining the Current Use of ADR by Fortune 1,000 Corporate Counsel

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by Karl Bayer

Wednesday, Apr 17, 2013


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The following is part 3 of a 5 part overview of Professors Thomas Stipanowich (Pepperdine University School of Law) and J. Ryan Lamare (Pennsylvania State University) paper entitled “Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations.” For previous posts see Part 1 and Part 2.

Part Three: Determining the Current Use of ARD by Fortune 1,000 Corporate Counsel.

Below are the questions asked of corporate council by the Scheinman Institute on Conflict Resolution at Cornell University, the Straus Institute for Dispute Resolution at Pepperdine University School of Law and the International Institute for Conflict Prevention & Resolution (CPR). The survey was performed in 2011 by phone, by mail, and online.

Q: Has the emphasis on ADR increased or decreased since 1997? How will corporate conflict resolution policies have changed, if at all?

Q: Why do companies resort to ADR? Are the reasons the same or different than in 1997?

Q: What forms of ADR are in use today, and how have usage patterns changed?

Q: Has mediation usage increased or decreased since 1997?

Q: Has arbitration usage increased or decreased since 1997?

Q: How do mediation and arbitration usage vary by type of dispute?

Q: What is the likelihood of companies’ future use of mediation and arbitration?

Q: What are the perceived barriers to the use of arbitration? Have perceptions changed since 1997?

Q: How are ADR neutrals selected and how qualified are they perceived to be? Have patterns and perceptions changed since 1997?

Q: What percentage of companies employ workplace conflict management systems? Will the percentage have increased or decreased since 1997.

For results stay tuned for Part 4.

Related Posts

  • Part Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate CounselPart Two: Preparing for the 2011 Fortune 1,000 Survey of Corporate Counsel
  • Part One: A Brief History of ADR and Corporate PerceptionPart One: A Brief History of ADR and Corporate Perception
  • Evolving Perceptions of ADR at America’s Fortune 1,000 CompaniesEvolving Perceptions of ADR at America’s Fortune 1,000 Companies
  • Part One:  Arbitration in EvolutionPart One: Arbitration in Evolution
  • Commercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators PlayCommercial Arbitration and Settlement: Empirical Insights into the Roles Arbitrators Play
  • Soft Law in the Organization and General Conduct of Commercial Arbitration ProceedingsSoft Law in the Organization and General Conduct of Commercial Arbitration Proceedings

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About Karl Bayer

Karl Bayer is an ADR practitioner with almost thirty years of of experience in litigation, mediation, and arbitration. A long-time successful trial lawyer, Karl recognized early the opportunities which ADR provided to the world of litigation and began to explore the potential of his mediation practice. As he had already earned the respect and trust of both the plaintiffs' and the defense bars, he filled a niche in Austin as a mediator who is requested by both sides of most disputes. He has spoken extensively about ADR and technical topics, both at CLE presentations and as an adjunct professor at The University of Texas School of Law.

Karl also serves frequently as a pre-trial special master in federal district courts in Texas. While this service is often in the capacity of a Markman Master in patent infringement cases, he also serves as a general pre-trial master assisting judges and litigants as they wade through discovery and other pretrial procedural disputes.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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