On Tuesday, August 1, 2023, the upper chamber of the Indian Parliament (Rajya Sabha) passed the new national mediation bill that had been pending for about two years. It marks the end of many, many years in the making of backroom discussions and negotiations, including the work of the Expert Committee on Mediation, Supreme Court … Continue reading New Mediation Law for India
For those of you who don’t live in the Colorado River watershed, you might not know much about the Colorado River Compact and the negotiations among the watershed’s 7 states to divide the river’s water. In 1922 the 7 states negotiated the Compact “to provide for the equitable division and apportionment of the use of … Continue reading JB Hamby, California’s Top Water Negotiator
Charlie Irvine is the Course Leader on the University of Strathclyde’s (Scotland) MSc/LLM in Mediation and Conflict Resolution and the Director of the Strathclyde Mediation Clinic. The Clinic provides a free mediation service in which experienced practitioners work alongside trainee mediators to help people resolve disputes without going to court or tribunal. The following is … Continue reading Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System
Last week the annual SEALS Conference took place in steamy Boca Raton, Florida. This conference is a great way to transition into the new academic year and to catch up with DR colleagues and friends. Andrea Schneider and I (missed you Sarah Cole!) were able to host a discussion group on our next project tentatively … Continue reading Discussions in Dispute Resolution: The Next Generation – Report from the SEALS Conference
From FOI Amy Schmitz: This might be a good exercise example or something to use in classes, as we plan our fall term. Starbucks sent a new change for their TOS today and a big part of the change was related to Dispute Resolution. Here is the new provision: “Please read this section carefully. It … Continue reading New Starbucks Arbitration Clause
From Deborah Eisenberg (Maryland): Dear Colleagues: On behalf of the AALS ADR Executive Committee, I am pleased to announce the winner of this year’s “best scholarly article” award: Mitchell Zamoff & Leslie Bellwood, Proposed Arbitral Disclosure of Social Media Activity, 23 Cardozo J. of Conflict Resolution 1 (2022). The authors will present the paper at the … Continue reading AALS-ADR Best Article Award of 2023
The word of the month for August is a phrase: “touch grass.” Gamers will tell you that the phrase “touch grass” is slang for “go outside,” and that the phrase is deployed when someone is spending an inordinate (inordinate even by gamer standards!) amount of time online. I’ve been told that the term is somewhat … Continue reading August: Touch Grass
If there’s anything approaching unanimity in our field, it’s that it’s important to prepare in dispute resolution processes like mediation. So it’s almost boring to write about it. But I found some things that should be interesting and helpful for parties, practitioners, and mediation program administrators. Last December, I wrote a short article, The Critical … Continue reading How Can Courts – Practically for Free – Help Parties Prepare for Mediation Sessions?
India’s chequered history with arbitration may soon take another turn after the Central Government announced the formation of an Expert Committee to consider further reforms to the 1996 Arbitration and Conciliation Act. The Expert Committee is chaired by the decorated lawyer and law professor T.K. Vishwanathan. India was one of the early adopters of the … Continue reading New Arbitration Reforms on the Horizon for India?
How cool would it be for your students to interview lawyers, mediators, arbitrators, or other practitioners about how they really think and act in their work? Practitioners generally develop their own categories of routine and challenging situations in their work, and they develop regular practices and strategies for dealing with them. In mediation, this involves … Continue reading Teaching Students How Practitioners Really Think and Act
