By:
On:
In: Access To Justice, Articles

Editorial Note: 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 nationalRead More →

By:
On:
In: Articles

  Mediation has a way of resolving disputes is as old as the human kind. Kenya has about 42 tribes.  Each has its own way of resolving disputes. Given this large number of tribes, there are obviously a lot of tribal interactions, alliances, marriages, trade, and conflicts.  Some of these disputes are resolved through local tribunals, council of elders, chiefs, or local mediators. Despite these differences, there is the universal underlying need for reconciliation, peaceful coexistence, trade and free flow of goods and services, among others. Kenya’s population is about 54 million people.  Those below 35 years are 65%. This young population easily adapts toRead More →

By:
On:
In: Articles

When the Apple II was released in 1977, it was among the first computers marketed and mass-produced for businesses and individuals alike. Apple would later adopt the slogan “The computer for the rest of us,” hinting at its technology’s broad appeal among a nonexpert consumer base. It is fitting, then, that as a grade school student in 1980, Colin Rule first dabbled in the world of online dispute resolution (ODR) by running a bulletin board out of his bedroom in North Texas with the help of his Apple II Plus At that time, bulletin board systems were digital networks for exchanging messages and files viaRead More →

By:
On:
In: Articles

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 →

By:
On:
In: Articles

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 →

By:
On:
In: Access To Justice, Articles

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 →

By:
On:
In: Articles

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 →

By:
On:
In: Articles

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 →

By:
On:
In: Access To Justice, Articles

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 →

By:
On:
In: Articles

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 →