Like many mediators, I am asked from time to time by mediators-in-training whether they might observe a mediation. I invariably say “yes,” and they sit in on one or two mediations from start to finish. I consistently hear from them that the experience is valuable, and some say invaluable.
As a young lawyer, I attended informal lunches with senior practitioners and judges at a restaurant which reserved two round tables daily for the legal profession to congregate on an ad hoc basis.
Normally, dispute resolution involves two parties in conflict with each other. But the United Kingdom's financial services regulators specialize in creating schemes where there is strictly speaking only one participant: the regulated firm that has broken their rules.
The European Union Commission (EC), after the 2009 entry into force of the Lisbon Treaty (available at https://bit.ly/34TUxpu) updating the European Union, acquired a new competence in the foreign investment field among other areas of law.
The alternative dispute resolution community always has aspired to innovate and improve traditional processes of dispute resolution. This was expressed in 1982 by former Chief Justice Warren Burger when he asked, “Isn't there a better way?” This certainly reflects the views of Early Dispute Resolution (EDR) proponents.
The alternative dispute resolution revolution is certainly present in the U.S legal system. Many legal disputes are subject to mandatory mediation, whether by contract, statute, court rule, or court order. See, e.g., Ben Barlow, “Divorce Child Custody Mediation: In Order to Form a More Perfect Disunion?” 52 Cle. St. L. Rev. 499, (2004-2005) (discussing mandatory mediation in the context of family cases); Michael Z. Green, “Proposing a New Paradigm for EEOC Enforcement after 35 Years: Outsourcing Charge Processing by Mandatory Mediation,” 105 Dick. L. Rev. 305 (2001) (discussing mandatory mediation of employment claims).
In most social movements like the abolitionist, civil rights, pro-choice, pro-life, and evangelical movements, members typically self-identify as belonging to those movements. And outsiders generally recognize the movements as such.
By the time this article is published, the Supreme Court will have heard March 23 arguments in two consolidated cases involving the application of 28 U.S.C. § 1782: ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401 (U.S. Supreme Court docket page, with the parties’ and amicus briefs available at https://bit.ly/3EW1FOp), and AlixPartners, LLC v. Fund for Protection of Investor Rights in Foreign States, No. 21-518 (original docket filings available at https://bit.ly/3JDufYD, but the case has been consolidated at the ZF Automotive docket page linked above as of the Dec. 10 cert grants).
In the 1960s, as an awkward teenager exploring how to create social relationships within my peer group, especially girls, I assumed that there had to be constant conversation with no gaps.
Last summer, I prepared 11 short course outlines on specialized negotiation and dispute resolution topics and posted them on PON's website. (See PON's Teaching Negotiation Resource Center at www.pon.harvard.edu/store.)
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