My colleague, Professor S.I. Strong, recently conducted a large-scale empirical study on the use and perception of international commercial mediation and conciliation that appears to be the first of its kind. The information was gathered to assist the United Nations Commission on International Trade Law (UNCITRAL) as it considers a proposal from the Government of … Continue reading Strong UNCITRAL Study Cited by United Nations
In 1998, commenting on the hot controversy about the “Rand Report’s” finding that certain mediation programs did not save time or money (measured in terms of lawyers’ work hours), Professor Craig McEwen argued that it was the wrong question to ask whether “mediation works.” Critics of the Report had argued that its methodology led to … Continue reading Some Good Questions
“Oh Boy! A fight.” That’s often what I say in class when students vigorously disagree. I like these “fights” because they usually lead to helpful discussions that clarify differing views. So when Andrea wrote her post, Puffing Sucks, I thought, “Oh Boy! A fight.” She argues that puffing is “[l]ying, through and through,” … Continue reading Some Puffing Sucks . . . But Developing Good Relationships Is More Likely to be Effective than a New Rule
As I embark on this blog, it might be helpful to lay out my general perspective, which is probably similar to some of your views. This post (and probably some of my future posts) is different and longer than the norm, but hopefully you will find it worth your time to read. I came of … Continue reading Where I’m Coming From . . . and Want to See Us Go
I just came across a case involving an ethics issue in mediation that I found interesting. Although the issue does not arise frequently, courts have considered whether a mediator can serve as a representative for one of the mediation parties in a subsequent dispute. The resolution often turns on the question whether the disputes are … Continue reading What constitutes “substantially related” issues where mediator wishes to represent a party in a subsequent dispute?