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Mediation of Asbestos Legislation


A major development, concerning the management of negotiations to create a trust fund to compensate people made sick by asbestos exposure, brings mediation to the national legislative process. Unable to agree on the terms for creating the trust fund, U.S. Senate leaders have agreed to enter mediation. A federal judge, Judge Edward Becker of the [...]

Mediation of Asbestos Legislation2022-03-24T10:28:21-04:00

Dispute Resolution and the Glass Ceiling


In the following article, Linda Stamato uses two recent high profile cases involving women executives who attempt to “raise the ceiling” in the workplace–one positive and one negative–and shows how the implementation of ADR programs can encourage positive employment practices and eliminate bad ones–especially when it comes to issues involving women. This article has been [...]

Dispute Resolution and the Glass Ceiling2022-03-24T13:10:01-04:00

UN Convention on International Settlement Agreements


Adopted in December 2018, and signed in August, 2019, with more than 45 signatories, including the U.S. and China, the United Nations Convention on International Settlement Agreements resulting from Mediation, also known as the “Singapore Convention on Mediation” (the “Convention”) applies to international settlement agreements resulting from mediation. It establishes a legal framework to invoke [...]

UN Convention on International Settlement Agreements2022-03-25T16:09:20-04:00

Managing Warehouse Mania in New Jersey


Lulu and Nimby are always with us, as resistance to the siting of various land uses occurs, and, now, the latest focus is the proliferation of warehouses. They are popping up all over the landscape.  In New Jersey, though, there is a bill pending in the State Senate to give a voice to those living [...]

Managing Warehouse Mania in New Jersey2022-03-25T16:08:51-04:00

Conflict Resolution and Public Policy


The invitation to speculate on the impact of the conflict resolution movement is hard to resist, and, given recent developments in the area of public policy--about which more below--the timing couldn't be better. Accordingly, this essay offers some examples to suggest how profound the impact has been in the public domain, in practice, particularly, but [...]

Conflict Resolution and Public Policy2022-03-28T13:32:28-04:00

U.S. Supreme Court Upholds Mandatory Arbitration Clause in Nursing Home Dispute


In May 2016, the U.S. Supreme Court upheld a binding arbitration clause when it heard the case of Kindred Nursing Centers Limited Partnership v. Clark. In Kindred, Beverly Wellner and Janis Clark, the wife and daughter of Joe Wellner and Olive Clark, each held power of attorney for their respective family members. When Joe and [...]

U.S. Supreme Court Upholds Mandatory Arbitration Clause in Nursing Home Dispute2022-03-28T13:48:36-04:00

Why Do Mediators Do What They Do?


What guides mediator decisionmaking? Kenneth Kressel and his colleagues used reflective research methods to explore this question in three studies, which he describes in “How Do Mediators Decide What to Do? Implicit Schemas of Practice and Mediator Decisionmaking” (Ohio State University Journal of Dispute Resolution, 2013, p. 709). The theme that threads through all three [...]

Why Do Mediators Do What They Do?2022-03-28T13:52:15-04:00
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