The problem with the Ba Association is a lack of agreed upon understanding of what "its critical public protection functions" entails.
In the 1990s, the very suggestion of facilitated negotiation was viewed with equal parts suspicion and contempt by most seasoned trial lawyers
Three myths relevant to Dispute Management Plans (DMPs) exist.
The Supreme Court of Texas has ruled that a payday lender did not waive its right to compel arbitration against the company’s defaulting customers.
Adapted from Prof Tania Sourdin, Alternative Dispute Resolution, 5th ed, 2016, Thomson Reuters. ADRAC gratefully acknowledges the authorship of Professor Sourdin, who kindly prepared this paper.
I sat down with Jill Boynton of Cornerstone Financial Planning to find out how this law will effect divorcing couples.
As long as you and your coParent are committed to working together to create a Parenting Plan that’s best for your children, there is no need for extra costs.
What does ADR mean in the criminal justice context?
The International Institute for Conflict Prevention and Dispute Resolution mourns the loss of Chairman Emeritus Charles B. Renfrew (pictured above), who died in San Francisco on Dec. 14 at age 89.
“Joint sessions are a waste of time,” said the judge conducting a mediation in which I was representing one of the parties.
This article discusses the decision holding that disputes between a putative criminal defendant and a private company contracted by a prosecutor pursuant to a criminal diversion process are not subject to arbitration.
This article is a letter of advice to someone who is starting law school.
Finally discover how to quantify the direct and hidden Costs of Conflict.
Several bills have been introduced in the U.S. House of Representatives and the Senate this year that touch upon arbitration or mediation.
Mediations and their participants never cease to amaze me.
Donna Shestowsky at UC Davis School of Law has been researching the relationship between litigants and court ADR programs for quite a while.
The role of ADR in the aged care sector has a chequered history with regulatory bodies and dispute resolution processes frequently changing in response to public concerns and budgetary considerations.
I had a chance to hear William Ury, best-known as co-author of Getting to Yes, speak this weekend at the SCMA fall conference. One of the things he talked about was seeing yourself as your own worst enemy in a negotiation.
“From litigation to conflict resolution” describes what happens with most contested legal disputes; they tend to follow a trajectory from an adversarial to a more cooperative process.
Most of us don’t go to the symphony to watch the conductor or to a sporting event to see the referees in action, but imagine the chaos without their participation.
We all have cognitive biases.
I share a tale of two wrongful dismissal mediations conducted weeks’ apart.
The problem of access to and maintenance of the secrecy of contracts or contract terms that are “confidential” by agreement is a common one in litigation.
The National Task Force on Lawyer Well-Being just issued its report, The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.
A degree of controversy still surrounds characterising ADR as an ‘access to justice’ issue.