With an increase in remote mediation, many mediators are managing caseloads that have a multi-jurisdictional element (at times, unintentionally). In the past, a mediator and the parties could physically sit in the same jurisdiction, often where a court case was pending, and everyone knew or understood what laws, standards, and ethical considerations applied to the structure and process of the mediation. However, with each individual in a remote mediation process potentially located in a different jurisdiction, the lines have been blurred. This paper will define what issues may arise in a multi-jurisdictional mediation process, and focus on the necessary training elements to handle these multi-jurisdictionalRead More →

Mediate.com has published a series of peer reviewed articles and videos under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. Here is the Table of Contents. The Seven Keys are: Leadership, Data, Education, Profession, Technology, Government and Usage, each with supportive articles and videos, contributed by some 40 leading authors around the world. The Seven Keys articles recognize mediation’s extraordinary versatility: a) resolving disputes, b) deal making, c) managing interpersonal disputes in families and communities, e) designing systems for schools and the workplace, f) peace-making between groups, g) and national public policyRead More →

For those disputants who have found that there is no pertinent binding or legal remedy to their problems or where direct negotiations have failed when a party wants to punish another, they may feel that they are at an impasse with no direction.  Some parties may even desire to send a message to the public, an industry or individual. Where a legal injunction is required to prevent an ongoing or future harm, they may want to seek something quicker than litigation, thereby decreasing pressure on the both parties.  They can have options.  They can choose the system that suits their needs; after all, it’s aboutRead More →

The world continues to change rapidly, and most of us race to keep pace with technological advances. While some would prefer the quieter days of dial-up, the high level of global disruption caused by COVID-19 continues to cause us all to adapt if we want to stay relevant as practitioners or be left behind. Not only are we bringing ourselves up to speed with current technology and all that it has to offer, but we must be proactive in these thoughts with new technology such as the Metaverse clearly on the horizon. In the dispute resolution world, necessity has been a strong driving force forRead More →

One of the most interesting aspects of international arbitration are the applicable laws. For me, what makes international arbitration stand out as its own system of law, much like the law of contract, torts, or criminal law, is the method employed to determine which laws apply and how they operate together in harmony, or at least sufficiently, to dispose of the dispute. Once that exercise has been completed, the process becomes, effectively, a form of litigation. The First Clue I always approach the issue as I would a problem. The first clue to that problem is invariably the arbitration agreement. This part is considered in many ways by commentators.Read More →

There has been a great deal of discussion lately about nondisclosure agreements (NDAs) in arbitration. The problem is that the discussion often includes misperceptions regarding the “secrecy” of arbitration. In fact, all arbitration is not secret. Instead, arbitration is private, but not necessarily confidential. I wrote about this “privacy paradox” in 2005. Nonetheless, some parties do include confidentiality clauses and/or NDAs in their arbitration agreements, especially when they are concerned with guarding sensitive information or preventing unwanted publicity. This is especially the case in the context of sophisticated businesses, involving parties who are cognizant of distinctions between privacy and confidentiality in arbitration. For example, parties areRead More →

This international panel is moderated by Leah Wing & Daniel Rainey and jointly sponsored by The National Center for Technology and Dispute Resolution & The International Council for Online Dispute Resolution. The National Center for Technology and Dispute Resolution, birthplace of ODR, issued a first set of ODR Standards that it has revised in 2022 jointly with the International Council for Online Dispute Resolution (ICODR). This international panel will discuss the relevance and implications for employing ODR ethical standards in light of the new risks that ODR raises and ways it can compound on-going ethical concerns for ADR and courts (e.g.: data security, confidentiality, powerRead More →

What is the internet’s current favorite buzzword? Metaverse. In simple terms, the metaverse is an interactive three-dimensional virtual world. The metaverse is a combination of the virtual reality, augmented reality, and digital hologram technology where users occupy physical space and can even live within a digital universe.[1] People can do anything they can do in real life, including shopping, hanging out with friends and trading land, buildings, and other digital assets. Imagine scheduling a time to hang out with friends. You put on goggles or headgear to enter the metaverse. From there, imagine entering a common space with your friends, or maybe a virtual hotelRead More →

Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who is representing a client in an arbitration. Below are my top tips. Vet and select the arbitrators carefully. One of the great benefits of private arbitration over judicial forums is that the parties can choose their arbitrator(s). In many cases, the parties will agree that each party will name one arbitrator, and then those two arbitrators will choose a third to act as chair. In other cases, theRead More →

Oladeji Tiamiyu Clinical Fellow at Harvard Law School and Host of Convergence, a podcast exploring the intersection of technology and dispute resolution, has published a timely article titled, “The Impending Battle for the Soul of ODR: Evolving Technologies and Ethical Factors Influencing the Field,” 23. Cardozo J. Conflict Resol. 21 (forthcoming). In his journal article, Mr. Tiamiyu examines potential ethical considerations related to emerging online dispute resolution technologies. Here is the abstract: Legal professionals and disputants are increasingly recognizing the value of online dispute resolution. While the coronavirus pandemic forced many to resolve disputes exclusively online, potentially resulting in long-term changed preferences for different stakeholders,Read More →