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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 →

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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 →

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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 →

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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 →

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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 →

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Most of us shy away from conflict, doing everything in our power to avoid it. However, living a life free of conflict isn’t always possible and there are moments when arguments or disagreements arise, whether in the workplace, at home, or in your relationships that need to be dealt with in a healthy way. Learning how to deal with conflict is an important life skill. It allows conflict to be both a natural and productive part of your life and provides an opportunity to improve communication, strengthen relationships, and overcome your fears. In this article, we will be sharing how you can deal with conflictRead More →

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Most of us shy away from conflict, doing everything in our power to avoid it. However, living a life free of conflict isn’t always possible and there are moments when arguments or disagreements arise, whether in the workplace, at home, or in your relationships that need to be dealt with in a healthy way. Learning how to deal with conflict is an important life skill. It allows conflict to be both a natural and productive part of your life and provides an opportunity to improve communication, strengthen relationships, and overcome your fears. In this article, we will be sharing how you can deal with conflictRead More →

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After the outbreak of the coronavirus, many mediators around the world had to learn how to offer online mediation to their clients – most of them using a video conferencing software called Zoom. If you are one of those mediators, I hope you’ll find this article useful. It is based not only on my 7-year experience using Zoom, but also on my 27-year experience mediating face-to-face and online – first by email, then via Skype, and finally via Zoom. My answer to the question “What Do I Definitely Need to Become an Accomplished Online Mediator?” is as follows. 1 – Mediation Experience and Skills TheRead More →

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  Kristen Blankley, Professor of Law at the University of Nebraska College of Law, Ashley M. Votruba, Assistant Professor at the University of Nebraska-Lincoln, Logen Bartz, Graduate Student at the University of Nebraska-Lincoln, and Lisa PytlikZillig, Research Associate Professor at the University of Nebraska Public Policy Center, have published “ADR is Not a Household Term: Considering the Ethical and Practical Consequences of the Public’s Lack of Understanding of Mediation and Arbitration,” Nebraska Law Review, Vol. 99, No. 797, 2021.  In their law review article, the authors examine whether the general public understands the alternative dispute resolution process and whether additional public education and outreach may be necessary. The abstract states: This ArticleRead More →

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As an alternative dispute professional whose job is to navigate conflict daily, I am often asked how I would handle certain situations. Recently, I was asked how to avoid engaging in social media battles. What a timely and apropos question! Neuroscience tells us that we may not be the best versions of ourselves when we are in conflict, whether that’s in person or virtually. The part of our brain responsible for rational thought, the amygdala, is hijacked, and our ability to use executive function is suspended. Here are five tips to help you THINK and resist the urge to respond when you see a triggeringRead More →