The National Academy of Arbitrators, a nonprofit organization of U.S. and Canada arbitrators (see naarb.org) held its 75th Annual Meeting and Education Conference in Toronto from May 11-14, 2022. As I was the NAA president from 2021 to 2022, this conference marked the completion of my term in this leadership position. In accordance with tradition, I made a speech to the conference, sharing my experiences and hopes relating to the NAA's history, current challenges, and possible future. I emphasized the integrity and neutrality of the arbitration process, the importance of diversity, and the NAA's laudable traditions. Below is an Alternatives adaptation of this speech.
{"title":"On the National Academy of Arbitrators' 75th Anniversary, A Former President Looks at ADR History for a Future Path","authors":"Susan L. Stewart","doi":"10.1002/alt.21970","DOIUrl":"10.1002/alt.21970","url":null,"abstract":"<p>The National Academy of Arbitrators, a nonprofit organization of U.S. and Canada arbitrators (see naarb.org) held its 75th Annual Meeting and Education Conference in Toronto from May 11-14, 2022. As I was the NAA president from 2021 to 2022, this conference marked the completion of my term in this leadership position. In accordance with tradition, I made a speech to the conference, sharing my experiences and hopes relating to the NAA's history, current challenges, and possible future. I emphasized the integrity and neutrality of the arbitration process, the importance of diversity, and the NAA's laudable traditions. Below is an <i>Alternatives</i> adaptation of this speech.</p>","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 10","pages":"155-158"},"PeriodicalIF":0.0,"publicationDate":"2022-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74154689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"CPR News","authors":"Russ Bleemer","doi":"10.1002/alt.21969","DOIUrl":"https://doi.org/10.1002/alt.21969","url":null,"abstract":"","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 10","pages":"154-168"},"PeriodicalIF":0.0,"publicationDate":"2022-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"137961309","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
For many years, we've been watching with dismay the seeming inability of the Washington, D.C., powers-that-be to come together and enact legislation that would benefit most individuals and constituencies in the United States. Although there have been a few “successes” in recent months, it's hard to feel confident that we won't encounter a likely retreat to the prior glorification of impasse in the months and years ahead.
{"title":"For the Election Season: Mediating Legislative Cliffs","authors":"James C. Freund","doi":"10.1002/alt.21968","DOIUrl":"10.1002/alt.21968","url":null,"abstract":"<p>For many years, we've been watching with dismay the seeming inability of the Washington, D.C., powers-that-be to come together and enact legislation that would benefit most individuals and constituencies in the United States. Although there have been a few “successes” in recent months, it's hard to feel confident that we won't encounter a likely retreat to the prior glorification of impasse in the months and years ahead.</p>","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 10","pages":"153-165"},"PeriodicalIF":0.0,"publicationDate":"2022-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91543884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In preparation for a contentious and complex dispute involving an interpersonal business relationship and betrayal, the defense counsel and I consulted on the defendant's eagerness to make a formal apology.
在准备一场涉及人际商业关系和背叛的复杂纠纷时，辩护律师和我就被告急于做出正式道歉进行了磋商。
{"title":"Part 1: The Power of Apology and Forgiveness","authors":"Robert Angelo Creo","doi":"10.1002/alt.21971","DOIUrl":"10.1002/alt.21971","url":null,"abstract":"<p>In preparation for a contentious and complex dispute involving an interpersonal business relationship and betrayal, the defense counsel and I consulted on the defendant's eagerness to make a formal apology.</p>","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 10","pages":"158-160"},"PeriodicalIF":0.0,"publicationDate":"2022-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78706212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"CPR News","authors":"Jonathan P. Graham","doi":"10.1002/alt.21966","DOIUrl":"10.1002/alt.21966","url":null,"abstract":"","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 9","pages":"138-152"},"PeriodicalIF":0.0,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91446053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Forty-three years ago, I found myself as a 19-year-old practicing Jew face-to-face with a college of a world-renowned English university. For no apparent reason, a law teacher decided that I needed to be taught by a barrister who came up to the college on a Saturday, rather than one of the 50 or so qualified faculty members who could more easily have done the job.
{"title":"More on University Dispute Resolution: A Need for Innovative Design","authors":"Adam Samuel","doi":"10.1002/alt.21967","DOIUrl":"10.1002/alt.21967","url":null,"abstract":"<p>Forty-three years ago, I found myself as a 19-year-old practicing Jew face-to-face with a college of a world-renowned English university. For no apparent reason, a law teacher decided that I needed to be taught by a barrister who came up to the college on a Saturday, rather than one of the 50 or so qualified faculty members who could more easily have done the job.</p>","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 9","pages":"139-142"},"PeriodicalIF":0.0,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86547119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Negotiated rulemaking, at its heart, is an alternative dispute resolution process, often dependent upon mediation techniques to gain input from stakeholders who will be subject to regulatory processes. The goal is to produce an oversight process that interested parties can live with and that serves whatever the public purposes are in issuing the rules.
{"title":"Why Negotiated Rulemaking Is Still Vital: An Interview with Susan Podziba","authors":"Russ Bleemer","doi":"10.1002/alt.21965","DOIUrl":"10.1002/alt.21965","url":null,"abstract":"<p>Negotiated rulemaking, at its heart, is an alternative dispute resolution process, often dependent upon mediation techniques to gain input from stakeholders who will be subject to regulatory processes. The goal is to produce an oversight process that interested parties can live with and that serves whatever the public purposes are in issuing the rules.</p>","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 9","pages":"137-148"},"PeriodicalIF":0.0,"publicationDate":"2022-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80702210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The almost-shocking volume of U.S. Supreme Court arbitration matters accepted, heard, and decided in the 2021-2022 term—five cases that were granted cert between November and mid-December just after an initial ADR case was argued—continued to surprise into May and June as the opinions emerged.
{"title":"After the Spring Decision Deluge, SCOTUS's Arbitration Cases Return for More Litigation","authors":"Russ Bleemer","doi":"10.1002/alt.21963","DOIUrl":"10.1002/alt.21963","url":null,"abstract":"<p>The almost-shocking volume of U.S. Supreme Court arbitration matters accepted, heard, and decided in the 2021-2022 term—five cases that were granted cert between November and mid-December just after an initial ADR case was argued—continued to surprise into May and June as the opinions emerged.</p>","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 8","pages":"128-133"},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91061121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The U.S. Supreme Court's arbitration-heavy docket this past term reminds me of the central role arbitration plays in society. Through its five arbitration decisions in the 2021-2022 session concluded in June, the Court fine-tuned this system of arbitration.
{"title":"The Supreme Court's 2021–2022 Arbitration Cases: A More Textualist Approach","authors":"Imre Szalai","doi":"10.1002/alt.21960","DOIUrl":"10.1002/alt.21960","url":null,"abstract":"<p>The U.S. Supreme Court's arbitration-heavy docket this past term reminds me of the central role arbitration plays in society. Through its five arbitration decisions in the 2021-2022 session concluded in June, the Court fine-tuned this system of arbitration.</p>","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 8","pages":"121-129"},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90288119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Following from the previous Master Mediator column, listening is a multidimensional practice that requires commitment and constant attention. See Robert Angelo Creo, “The Science of Hearing Effectively,” 40 Alternatives 91 (June 2022) (available at https://bit.ly/3yV1MJl).
{"title":"More Tips, Suggestions, and Techniques for Effective Listening and Hearing in Mediation","authors":"Robert Angelo Creo","doi":"10.1002/alt.21962","DOIUrl":"10.1002/alt.21962","url":null,"abstract":"<p>Following from the previous <i>Master Mediator</i> column, listening is a multidimensional practice that requires commitment and constant attention. See Robert Angelo Creo, “The Science of Hearing Effectively,” 40 <i>Alternatives</i> 91 (June 2022) (available at https://bit.ly/3yV1MJl).</p>","PeriodicalId":100074,"journal":{"name":"Alternatives to the High Cost of Litigation","volume":"40 8","pages":"123-127"},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84850753","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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