http://businessconflictmanagement.com/blog Conflict Management Expertise from F. Peter Phillips Thu, 29 Jul 2010 18:58:48 +0000 http://backend.userland.com/rss092 en In preparation for next week's Annual Meeting of the American Bar Association, I have been delighted to get to know a group of judges who will be offering a program on Saturday afternoon, August 7, on the use of ADR in Business Courts.  One of them, Judge Steven I Platt ... http://businessconflictmanagement.com/blog/2010/07/a-judge-writes-about-problem-solving-courts/ Many parties in mediation -- and many of their counsel -- consider that a "win" is a deal that gets them the number they asked for, or close to it.  In fact that's not so, and a mediator provides important value to disputants by assisting them to determine, in a ... http://businessconflictmanagement.com/blog/2010/07/simple-methods-to-determine-the-value-of-claims/ I am spending this week in beautiful Silver Bay, New York, on the western side of Lake George.  There, at a grand old historic YMCA summer camp, the New York Yearly Meeting of the Religious Society of Friends (Quakers) holds its annual summer conference.            Quakers are  a "peculiar people" ... http://businessconflictmanagement.com/blog/2010/07/quaker-mice/ Monday, July 12, is the cut-off date for Early Bird Registration for the ABA Annual Meeting in San Francisco.  I will be speaking on a panel on arbitration, with such luminaries as Mark Trachtenberg, Deborah Rothman and Rob Friedman, who argued Jackson v. Rent-a-Center before the Supreme Court.  (Honestly, sometimes ... http://businessconflictmanagement.com/blog/2010/07/adr-in-business-courts/ Prof. Joseph Allegretti wrote an interesting article ten years ago titled A Christian Perspective on Alternative Dispute Resolution, 28 Fordham Urb. L.J. 997 (2001).  In it he tells the tale of St. Francis of Assisi's mediating a conflict between the residents of a town and a ravenous wolf that was ... http://businessconflictmanagement.com/blog/2010/07/negotiating-with-the-wolf/ In the Bankruptcy Court for the Southern District of New York, a judge held a hearing upon Order to Show Cause why Wells Fargo, which had been required to participate in a mediation, should not be sanctioned for the conduct of its counsel in that mediation.  The mediator testified, Wells Fargo's counsel testified, and ... http://businessconflictmanagement.com/blog/2010/06/mediation-confidentiality-collides-with-accountability-in-court-ordered-mediation/ Prima Paint teaches that the arbitration agreement nestled in a commercial contract has a legal validity of its own, and that once a court determines that the "nestled" agreement to arbitrate is enforceable, then the arbitrator and not the court shall determine the enforceability of the rest of the contract. The interesting thing about the arbitration ... http://businessconflictmanagement.com/blog/2010/06/employment-arbitration-supremes-deal-a-blow-to-clarity/ I had a good chuckle at an article that appears in the current issue of Dispute Resolution International, the journal of the Dispute Resolution Section of the International Bar Association.  Daniele Cutolo and Mark Alexander Shalaby discuss a case brought in Italy to test whether an Italian statute requiring mediation ... http://businessconflictmanagement.com/blog/2010/06/adr-as-a-human-rights-violation/ Giuseppe de Palo and I first met in 1999 or 2000, when I was bowled over the first time I learned about his work with The ADR Center in Rome.  Since that time, every occasion I meet Giuseppe I am reminded what a powerhouse of talent, ambition, energy and aspiration ... http://businessconflictmanagement.com/blog/2010/06/developments-in-europe/ Even those who find American baseball deadly dull will acknowledge the grip the sport has had on the American imagination.  Its impact on the American language alone is beyond cavil, and students of the sport have been moved to profound philosophical observations.  Now it has contributed to our understanding of ... http://businessconflictmanagement.com/blog/2010/06/perfect-game-pitcher-nobodys-perfect/