Last time I wrote about an online article from the UK describing a mediator making awards and compelling “settlements” — concepts foreign to mediation in the U.S. That same article referred to a financial “ombudsman”, and the term seemed to be used interchangeably with “mediator”. In this country, the concept of an ombuds (the term […]
If you are a Connecticut mediator …
If you are a Connecticut mediator, I hope that you will consider joining, rejoining, or renewing your membership in the New England Chapter of the Association for Conflict Resolution (NE-ACR). I was elected to the NE-ACR Board last year and serve on the Finance and Nominating Committees. The Nominating Committee is currently focused on nominations […]
University of New Haven Dispute Resolution courses
The Alternative Dispute Resolution (ADR) course that I am teaching this term is a part of the University’s Legal Studies program. The program has three concentrations, including Dispute Resolution. The term “Alternative Dispute Resolution” is criticized at times for being inaccurate: if the vast majority of litigated cases are resolved in some fashion before a […]
Administering, mediating and speed, transparency, and independence
I’ve written before about Kenneth Feinberg and and his work involving the BP Gulf oil spill. In today’s New York Times, an article by John Schwartz, “Comments By Overseer of BP Fund Irk Lawyers,” talks about a lawsuit filed by plaintiffs’ attorneys over statements Feinberg has made that encourage claimants to apply for compensation through […]
Mediation: a way to avoid the crapshoot of litigation
As I wrote last time, ten days ago, Joe Nocera wrote an article for the New York Times Business section titled “Justice, Without The System.” In it, he described an interview he had with Kenneth R. Feinberg about Feinberg’s work related to the BP oil spill in the Gulf and claims made against the company […]
Kenneth Feinberg: Mediator, Arbitrator, or Hybrid?
Kenneth Feinberg has been named as the independent administrator of the $20 billion fund BP has set up to compensate victims of the Gulf oil spill. After years in the thick of thorny, difficult issues, he was appointed as the special master of the federal September 11th Victim Compensation Fund and later worked as a […]
Lions, Lambs, and Mediation Misconceptions
We’ve all heard about March coming in like a lion and going out like a lamb. Some think — mistakenly — that mediation is the same. They avoid mediation because they fear they are expected to come into it like a lion, in strength, and finish the process like a lamb, in weakness. In fact, […]
Mediation vs. Arbitration: who is in control?
Sometimes one party to a dispute contacts me to pursue mediation, fully convinced that the mediation process is the right way to resolve a conflict as effectively as possible. At times, another party to that dispute is reluctant to pursue mediation and asks me to serve as an arbitrator. Most people have had little or […]
“ADR” vs. “DR”
“ADR” is short for Alternative Dispute Resolution. Lawyers, in particular, know the term as one that describes alternatives to litigation. ADR certainly includes arbitration and mediation, and may be used to include certain types of fact-finding, negotiation, facilitation and related processes for conflict resolution. “DR” stands for Dispute Resolution. This term is an explicit recognition […]
Alternative Dispute Resolution (ADR) and the American Bar Association
A recent article posted on mediate.com, ” The Culture of the Code” by Daniel Rainey and Alma Abdul-Hadi Jadallah, mentioned an eye-catching statistic. It stated that the largest Section, or interest group, in the American Bar Association is now the Section on Dispute Resolution. It is remarkable that more people choose to join that Section […]
