In March 2017, New York Law School and the American Arbitration Association convened a discussion of "Hot Topics in Arbitration," one of which involved third party funding. The event was taped and the provocative discussion can be viewed here. The issue is also addressed in a terrific article appearing in the...
In a previous post I noted the work of the ABA Dispute Resolution Section's Committee on Mediator Ethical Guidance, which interprets the Model Standards of Conduct for Mediators (promulgated in 2005 by the ABA, AAA and ACR). In that same post, I noted the frequent close correlation between ethical lapses...
Unmarketed, unheralded, and therefore largely unknown are the Model Standards of Conduct for Mediators, promulgated in 2005 by the ABA Dispute Resolution Section, the AAA and ACR. Even less well-known, one suspects, are the opinions of the Committee on Mediator Ethical Guidance that issue periodically interpreting those Standards. Two recent...
The recent confluence of my Conflict Transformation work with the New York Yearly Meeting of the Society of Friends (Quakers) and the richly rewarding session offered by David Hoffman at the April 2014 Meeting of the ABA Dispute Resolution Section have made me increasingly aware of the moral component of...
The third and final part of the morning-long Commercial Finance and Dispute Resolution Symposium at the recent ABA Business Law Section Annual Meeting was a discussion, among audience and experts, of some hypotheticals implicating the obligations of attorneys who negotiate dispute resolution clauses and who represent clients in ADR procedures. The...
The Unified Court System of the State of New York is considering a modification to its Rules that would require attorneys to include in their letters of engagement reference to the ADR options and resources available at the courts' web site. The proposal (available here) is subject to public comment until...
An interesting panel at the recent Spring Meeting of the ABA Business Law Section addressed questions of the ethical obligations of business lawyers in various hypothetical situations. Chaired by Ellen Pansky, the panel included Jeff Kraus, Jacqueline Unger and Lois Mermelstein....