When I served at the CPR Institute we periodically reminded users of arbitration that the Institute had devised a procedure whereby parties could contract for appellate review of arbitration awards. I think I am correct that during my 10-year tenure no one ever availed themselves of these procedures, which on their face deprived arbitrated outcomes of one of their defining attributes — finality. Read more »
Archive for the tag 'ADR Institutions'
A reminder was recently received of the ABA Dispute Resolution Section’s 11th Annual Advanced Mediation and Advocacy Institute at the Omni Hotel in Nashville, TN, on November 21-22, 2013. Read more »
The ABA Dispute Resolution Section will again observe “Mediation Week” on October 14-18, 2013, encouraging local events and teaching sessions to foster the use of mediation in various contexts. Attorney Peter V. Arcese has assembled a panel of mediators including myself, Patrick Westerkamp and Eunice Salton to a discussion on “Entrepreneurship and Mediation” to be held at Indiegrove, 121 Newark Ave., Jersey City, NJ at 6:30 pm on Wednesday, October 16. Read more »
Our Italian correspondent, Avv. Giorgio Grasso, has prepared a useful report on the reintroduction of mandatory civil and commercial mediation in Italy.
The new legislation — replacing a 2010 version that prompted a lawyers’ strike and was declared unconstitutional in 2012 — amends the scope of the original scheme and is meant to last for an experimental four years. Dr. Grasso’s article appears here.
Mediation in Italy has had an interesting and eventful recent history. We’ll just have to see whether the notorious backlogs and excesses of the Italian commercial courts are assisted — and business disputes are more rationally resolved — with this new system.