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June 2019 Archives

June 2, 2019

Mediators setting the stage - What are your thoughts?

How should mediators set the stage for positive engagement at mediation?

Please provide your thoughts/comments below.

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

June 8, 2019

LinkedIn Requests - What are your thoughts?

After an arbitrator issues an award, one of the lawyers who appeared before the arbitrator sends a LinkedIn request. Should the arbitrator accept it? If not, how long should the arbitrator wait before accepting the online connection (if ever)? Would your answer be the same if the lawyer asked the arbitrator for coffee (clearly for networking purposes)?

Please provide your thoughts/comments below.

June 16, 2019

Repeat Appointments of an Arbitrator - What are your thoughts?

Should there be a rule of thumb for how arbitrators approach repeat appointments? The IBA Guidelines on Conflicts of Interest suggest that appointment as an arbitrator on two or more occasions by one of the parties or an affiliate of one of the parties within the past three years is a conflict that must be disclosed, but can be waived.

Do you think this rule is too strict or too lenient? Are you comfortable with an arbitrator accepting "repeat" appointments if the repeat party (or counsel) is before that arbitrator in an existing case? Would it matter if the existing case was in the beginning stages or on the eve of a hearing?

Please provide your thoughts/comments below.

June 23, 2019

Good Faith Mediation - What are your thoughts?

If a contract calls for parties to mediate in good faith before arbitrating, what does that mean? Should there be minimum standards and/or acceptable norms?

Please provide your thoughts comments below.

Resolution Roundtable - Blog Booklets

Download the below two booklets to have all of the NYSBA Resolution Roundtable blog postings from August 2015 to December 2017. NYSBA is currently putting together the 2018 blog booklet and it should be available shortly.


Blog - DR Roundtable Booklet (003).pdf

DR Insights (1).pdf

June 30, 2019

Third Party Funding and ADR Institutions - What are your thoughts?

Last week, Arbitrator Michael Lampert wrote a Practical Law Arbitration Blog posting about third party funding and the obligation of the ADR institutions, see the following Link.

What should the institutions do, if anything, with respect to disclosures and third party funding?

Please provide your thoughts/comments below.

About June 2019

This page contains all entries posted to Resolution Roundtable in June 2019. They are listed from oldest to newest.

May 2019 is the previous archive.

July 2019 is the next archive.

Many more can be found on the main index page or by looking through the archives.