Business Conflict Blog

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 terrorizing them, “devouring both animals and human beings.”

The story contains an interesting reminder of the Christian tradition of self-interested forgiveness, and also of the principle (espoused by all mediator trainers) that everybody has an underlying interest that informs their behavior — even (or especially) wolves.  

And it describes an unorthodox method of mediation in which the neutral starts off by telling each party that they’re schmucks. Read more »

Tags: Mediation

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 at least one other counsel for a participating party testified — all concerning Wells Fargo’s conduct during the mediation.  The court held that there had been a failure to mediate, held Wells Fargo in contempt of the mediation order, and sanctioned them. Read more »

Tags: Courts, Mediation

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 prior to certain consumer court proceedings violates Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, ensuring access to the courts.  The lower court found that it did.

Ya gotta smile.

Read more »

Tags: Human Rights, Mediation, Public Policy

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 »

Tags: Add new tag, ADR Institutions, Mediation, Teaching