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 [...]

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 [...]

This column argues that providing confidentiality in settlements that involve actions, products or services that jeopardize the well-being of individuals or that harm public safety or health should be banned. Read Article by Linda Stamato and Sanford M. Jaffe

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]