September 15, 2019

Follow up by a Mediator - What are your thoughts?

When one party accepts a proposal and the other does not at the conclusion of a mediation, what type of follow up, if any, should there be by the mediator?

Please provide your thoughts/comments below.

September 14, 2019

Under the Radar Case Law Developments in Domestic Arbitration

If you missed the NYSBA Dispute Resolution Section: Under the Radar Case Law Developments in Domestic Arbitration program held on Tuesday, September 10th, you can now download below the terrific case law summaries prepared by Al Feliu.

Thank you to the co-chairs of the Arbitration Committee Dani Schwartz and Mansi Karol for putting together such a thoughtful program.

NYSBA DR Section CLE Presentation - September 10 2019.pdf

September 8, 2019

Post-litigation submission to arbitration - What are your thoughts?

Have you participated in an arbitration in which the agreement to arbitrate was made only after the parties had gone several rounds in court? If so, what were the considerations that convinced both sides to move their dispute to arbitration? Were they principally motivated by cost? By confidentiality? Was the court ill-suited to resolve the kind of dispute at issue?

Please provide your thoughts/comments below.

August 24, 2019

Employment Arbitration and Transparency - What are your thoughts?

Would concerns about employment arbitration be altered if there were greater transparency? How could that be accomplished?

Please provide your thoughts/comments below.

August 18, 2019

During a joint mediation session - What are your thoughts?

Should mediators orchestrate 'who says what' during a mediation joint session?

Please provide your thoughts/comments below.

Thank you to Harold Coleman of AAA Mediation.org for this week's question.

August 11, 2019

Orchestrating a joint mediation session - What are your thoughts?

How should mediators prepare parties for a constructive joint session at mediation?Should mediators orchestrate 'who says what' during a mediation joint session?

Please provide your thoughts/comments below.

Thank you to Harold Coleman of AAA Mediation.org for this week's question.

August 4, 2019

Ruling out a joint session in mediation - What are your thoughts?

Under what circumstances should mediators rule out convening mediation participants in joint session?

Please provide your thoughts/comments below.

Thank you to Harold Coleman of AAA Mediation.org for this week's question.

July 28, 2019

Mediators securing advance commitments - What are your thoughts?

Should mediators secure the advance commitments of participants before a mediation? If so, what commitments?

Please provide your thoughts/comments below.

Thank you Harold Coleman of AAA Mediation.org for providing this week's question.

July 21, 2019

"Mediation readiness" agenda - What are you thoughts?

What might an effective "Mediation readiness" agenda contain?

Please provide your thoughts/comments below.

Thank you Harold Coleman of AAA Mediation.org for contributing this week's question.

July 14, 2019

NEWS FROM THE AAA-ICDR FOUNDATION

The American Arbitration Association® (AAA®) and its international division, the International Centre for Dispute Resolution® (ICDR®), announced the establishment of the AAA-ICDR Foundation® in May 2015. The Foundation has awarded more than $1.6 million since inception. In June 2019, the Foundation issued a press release announcing the sixteen grants it funded in the most recent grant cycle and publicizing that it is now accepting Initial Descriptions of Grant Requests for its 2020 funding cycle.

In its review in this new funding cycle the Foundation's focus will be on innovative and replicable proposals in one or more of the following areas: ADR for vulnerable and underserved populations, ADR for community focused dispute resolution, providing opportunities for dialogue in situations involving racial, ethnic and religious conflict, restorative justice and access to justice in arbitration.

The Foundation remains committed to funding innovative programs in furtherance of its broader mission which includes supporting research and education for promoting high-quality, efficient and fair dispute resolution. Interested organizations or individuals should submit a 1-2-page Initial Description of Grant Requests for its fourth funding cycle no later than October 11, 2019. Go to Foundation for process and forms. For information about the Foundation's mission and the grants it has funded, please visit the Foundation's website at Foundation.

Best,

Edna
Edna Sussman, Esq.
Chair AAA-ICDR Foundation

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