More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, may offer creative solutions, protection of confidentiality, and preservation of important relationships.
mediation and arbitration
The following items are tagged mediation and arbitration.
Mediation, Arbitration, and the Promise of Privacy
Negotiators often choose to resolve their conflicts through mediation, arbitration, and other alternative dispute resolution methods because of the privacy these methods promise. Unlike the public nature of litigation, mediation and arbitration typically give parties the freedom to hash out sensitive issues without the fear that their discussions and agreement will become public knowledge. Two new cases in the news, however, show that privacy is a nuanced issue in some alternative dispute resolution contexts.
Why Aren’t Mediation and Arbitration More Popular?
Many scholars have noted that the business community would greatly benefit from third-party dispute resolution services. The problem is, there isn’t much demand for mediation or arbitration. If the alternative dispute resolution field has in fact built a better mousetrap, why isn’t the market buying it?
J. Maurits Barendrecht and Berend de Vries of the Faculty of Law at Tilburg University (Tilburg, the Netherlands) explain this inconsistency in terms of imperfections in disputants’ decisions that keep disputants from rationally dealing with their conflict.
Taking ADR Too Far
More and more companies are inserting alternative dispute resolution (ADR) clauses in their contracts with customers and vendors, and even in agreements with their own employees. ADR processes such as mediation and arbitration can be beneficial for all concerned if they help avoid the cost, delay, and uncertainty of going to court. Mediation, in particular, may offer creative solutions, protection of confidentiality, and preservation of important relationships.
“Med-arb”: An Effective Tool for Resolving Disputes
The problem: You’re not sure which of two common dispute resolution processes, mediation or arbitration, to use to resolve your conflict. Mediation is appealing because it would allow you to reach a collaborative settlement, but you’re worried it could end in impasse. You know that arbitration would wrap up your dispute conclusively, but it wouldn’t
Mediation Curriculum: Trends and Variations
NP@PON collected many types of curriculum materials from teachers and trainers who attended the 2009 Mediation Pedagogy Conference. We received general materials about classes on Alternative Dispute Resolution (ADR) as well as highly specific and idiosyncratic units like Conflict Resolution through Literature: Romeo and Juliet and a negotiating training package for female managers from the
November 2009
When You’re Short on Cash, Try Bartering:
Offering to exchange goods and services can help you stay in the game.
Hoping to Avoid a Lawsuit? Consider Arbitration:
When negotiation and mediation won’t resolve a dispute, arbitration offers a way to reach a binding decision.
Capture the Best of Mediation and Arbitration with Med-arb
Bet You Didn’t Know: When Do
Alternative Dispute Resolution Seminar
Alternative Dispute Resolution Seminar
SUFFOLK UNIVERSITY LAW SCHOOL
SPRING 2013
Instructor:
Bette J. Roth
Suffolk Law School
This seminar examines the role of lawyers as societal problem solvers employing various methods of analyzing, reducing and resolving legal and other forms of dispute without resort to formal trial. Although some disputes can only be properly resolved through trial and appeal, the vast
Advanced Alternative Dispute Resolution
Advanced Alternative Dispute Resolution
BOSTON UNIVERSITY SCHOOL OF LAW (JD 955 A1)
NOT OFFERED 2012
Instructor:
Barry Weiner
617-353-3110
This seminar series will offer students the opportunity to actually mediate and arbitrate a specific case through 2 party role playing with Mr. Weiner as Judge, Mediator and Arbitrator. During the course, both sides will consider the advisability of mediation and its
About the Dispute Resolution Program
Co-Directors
Frank E. A. Sander
Michael Wheeler
Assistant to Professor Sander
Marilyn Uzuner
Assistant to Professor Wheeler
Mary Alice Wood
Multi-Door Courthouse
The “multi-door courthouse” — a concept originated by Dispute Resolution Program founder Frank E. A. Sander — offers a variety of resolution options (including litigation) to people who take their disputes to court.
For example, in Middlesex County Superior Court in Cambridge,
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