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 of Maryland, maintains an interesting blog to which he has recently contributed a thoughtful article on the “why” of dispute resolution in business courts. Read more »
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 claim that will go to trial in two years and subsequent appeal, what the “right” number is today.
Here are three easy steps towards assisting parties to value their claims.
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 he is. Both his intellect and his physical energy make having a cup of coffee like saying hi to a tornado. His recent e-mail proves no exception. Read more »
I had written here in anticipation of the March 29, 2010, Joint Symposium on International Investment Law and ADR, held by UNCTAD and the Washington and Lee School of Law. It was a smashing and impressive success, due to the remarkable convening powers of hosts Susan D. Franck of Washington and Lee and Anna Joubin-Bret of UNCTAD. My expectations were very high, and predictably they were variously exceeded and frustrated. Even among the Great and the Good, and despite a truly inspirational White Paper that preceded the Symposium, we are still a long way from dealing with international investor conflicts as if they were a “problem” and not a “case.” Read more »
