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International
This week’s new International Dispute Negotiation podcast debunks the push for products and services to address electronically stored information in cases involving international arbitration. The podcast makes the case that “Just Say No” is the real answer to questions about E-discovery in cross-border ADR.
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The United Nations Commission on International Trade Law this week released its long awaited revised arbitration rules. Though the revisions alter neither the style nor the structure of the 1976 version, they make significant changes in several respects.
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The CPR European Mediation Procedure is designed to provide a model for the format and procedure of a mediation, although the emphasis is on flexibility and minimising the imposition of rules on the parties. The commentary explains the model rules and the reasoning behind them. It gives guidance on the conduct of a mediation, particularly on the initiation of the process and selection of a mediator.
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The CPR European Minitrial Procedure is private and confidential, informal, expeditious, and far less expensive or disruptive of business relationships than litigation or arbitration, whether institutional or ad hoc. The CPR Minitrial Procedure does not result in an adjudication, i.e., in a binding decision. The parties fashion their own solution.
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In the second of two parts, we examine potential paths of development for class actions and ADR in the European Union. The article was prepared by former CPR intern Katharina Diel, who is an LLM student at Columbia University Law School in New York. Summer 2010 CPR Intern Jan-Krzysztof Dunin-Wasowicz also contributed to this Part II.
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The U.S. Supreme Court has asked for the U.S. Solicitor General’s view on an arbitration case, which the Court will then use to decide whether to grant cert in the matter. The Court, according to a report by Scotusblog this morning, has asked the U.S. Solicitor General “to offer the government’s views on whether the Federal Arbitration Act is a federal law that seeks to regulate insurance, and thus overrides any conflicting state law on insurance regulation.”
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Caroline Rees, director of the Governance & Accountability Program at Harvard University's Corporate Social Responsibility initiative, joins International Dispute Negotiation host Mike McIlwrath to discuss years of efforts and learning on a very tough topic, making development work better with indigenous cultures.
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Host Mike McIlwrath’s guest for International Dispute Negotiation #84 is Glenn H. Shepard Jr., a medical anthropologist, who studies healing customs and traditions around the world. He has lived with the Matsigenka in Peru, a tribe that deals with conflict in an interesting way.
The Matsigenka don’t show emotions in public. That’s bad manners. Disputes are resolved by first by bottling them up, occasionally with the help of medicinal plants that relieve stress and “eliminate the angry feelings.”
Shepard shares an interesting story about the plants and his own central nervous system.
A public beer bash is held. Drunkenness and the court of public opinion provides a route to resolution.
Turns out we can learn a lot from this, as the Matsigenka are modernizing their processes with the use of third party neutral-like leaders.
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Multi-dimensional mediation goes beyond the usual concept of multiparty mediation, although it can and often does include more than one party. International mediator Paul E. Mason gives us details on the logistics of these big matters.
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This week’s podcast focuses on recent initiatives exploring the science of decision making and conflict resolution.. Pittsburgh attorney-neutral and CPR website Master Mediator columnist Robert A. Creo returns to IDN to discuss the Master Mediator Institute, which he co-founded in 2008. The Institute focuses on the art and science of mediation, negotiation and facilitated decision making. Also joining IDN host Michael McIlwrath is MMI Director and co-founder Monique McKay, who points out that MMI is creating a community of mediators, counsel, executives and scientists to help people integrate negotiating decisions—that is, combine the rational basis of bargaining strategies and choices with the pull of the underlying emotional component, individual values and other subjective factors which are often unacknowledged or even ignored in business settings. First of two parts.
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