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Mediation
The view on apologies from a veteran mediator: Robert A. Creo, a longtime friend of the CPR Institute, visits International Dispute Negotiation host Michael McIlwrath in Florence, Italy, to discuss why saying you are sorry can bring about a positive resolution.
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Luca Radicati di Brozolo, a partner focusing on arbitration at the Bonelli Erede Pappalardo law firm in Milan, and Andrea Bernava, a litigation partner in the Chiomenti law firm's Rome and Milan offices, set out the current state of mediation and arbitration practices in Italy.
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Commentary by Russ Bleemer (May 14, 2009) of the ABA's Section of Dispute Resolution's Committee on Mediator Ethical Guidance which tackled the question of mediators' ability to disclose caucus information.
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This week, IDN host Mike McIlwrath opens up about one of his employer’s mediations. He does much more than pull back the curtains on General Electric Co.’s ADR processes and procedures in a personal injury case: He gathers the mediator, well-known U.K. neutral Tony Allen, and the employee, Gavin Slessor, of Scotland, who lost his right arm and leg in a workplace accident. Hear what Slesser did to get to mediation, and make it work, as well as why GE decided to mediate the case. And find out what happened in the participants’ own words, and how they feel about the results.
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The Master Mediator returns! In a back-to-basics series on building settlement, Robert A. Creo, pulls pieces of a settlement together, like those little plastic building blocks, in "Legos & Me," his 17th CPR Institute website Master Mediator column.
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As corporations around the world seek alternatives to American litigation, many have voiced dissatisfaction with the quality of the dispute resolution processes with which they are presented. This article addresses some of the considerations that managers should keep in mind when papering a deal. Attention to dispute management issues at the time of contract drafting may avoid costly and risky experiences later, and will in any event firmly place responsibility and accountability where it belongs—on the parties themselves.
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Last night, partner Alexander Oddy accepted the 2008 CPR Law Firm Award for Excellence in ADR for his firm, Herbert Smith, of London, at Intercontinental-The Barclay hotel in New York, at the CPR Institute's annual awards dinner.
Today, Oddy sits down for the first of two talks with International Dispute Negotiation host Mike McIlwrath on mediation advocacy. Oddy provides four of eight tips on how to best prepare and represent your client in a mediation session in IDN 57--Effective Advocacy in Mediation and Dispute Negotiation.
Next Friday, Jan. 23, Oddy will return for Part 2, with tips five through eight. This week's episode will move to the IDN archive.
IDN is available here. You can sign up on the podcast page for RSS feeds to get automatic delivery of the podcast. IDN also is available from the iTunes store, and some early episodes can be found at WestLegalEdcenter.
All IDN access is free.
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Last September, mediator Jenny Beer, told International Dispute Negotiation podcast listeners in her first visit that disputes indeed are valuable, in IDN 40 - Mediator's Handbook After 25 Years, with Jenny Beer.
This week, Jenny returns to join IDN host Michael McIlwrath to discuss international mediation in IDN 56 – Setting up the Cross-Cultural Mediation, with Jenny Beer.
Flexibility is needed for cross-cultural mediation, she explains. For example, she says, emotions generally are expected to be contained in a business environment. But your “foreign” adversaries may expect something more theatrical.
“Culture is in your bones and you can’t just change it on a dime, says Beer, who co-authored the cross-discipline guide, The Mediator's Handbook, in 1982, at the outset. Therefore, she adds, negotiators “need a mindset—not a list.” Click here to access IDN 56.
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Ben’s Back! One of the nation’s top law firm ADR practitioners, Bennett G. Picker, of Philadelphia's Stradley Ronon Stevens & Young, returned this week to International Dispute Negotiation, the CPR Institute's weekly podcast hosted by Mike McIlwrath, senior counsel of GE Oil & Gas in Florence, Italy.
Ben's ADR leadership was at the core of Stradley Ronon's recognition as the inaugural 2008 recipient of the CPR Law Firm Award for Excellence in ADR.
Ben discusses what it takes to be an effective mediator. This week's podcast is relevant to managing international disputes, explains Mike McIlwrath, because it is the same information parties need for choosing an effective mediator in the course of their dispute management. Find out the three things you need to know about what makes a great mediator in this week’s IDN.
Join us again this Friday, here, for a new podcast.
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Savvy hybrid process can lead to faster, more effective commercial dispute resolution. Mercedes Tarrazon, a veteran arbitrator and mediator in Barcelona, discusses her techniques when sitting as an arbitrator that incorporate mediiaton skills, and produce settlement.
CPR's International Dispute Negotiation podcast returns today after a Thanksgiving break, with host Mike McIlwrath, of GE Infrastructure - Oil & Gas in Florence, Italy, interviewing Tarrazon about her sophisticated and successful process design practices.
Access this week's podcast, and the archives, here.
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