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Multi-step ADR
Andrew R. (Drew) Byers
1946 – 2011
This tribute to Drew Byers was prepared by Donald S. Trevarthen. He is Director, Division Counsel a...
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The U.S. Supreme Court in Holder v. Humanitarian Law Project, No. 08-1498 (June 21, 2010), finds that teaching terrorist organizations “peaceful negotiations” may “lull opponents into complacency” and lead to “renewed attacks.” Conflict resolution practitioners across disciplines are worrying that the decision could hurt not only international negotiating and training efforts, but also potentially affect commercial negotiations and transactions.
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Shortly after the CPR Institute’s Annual Meeting early this year, IDN host Mike McIlwrath sat down for a discussion on the future of U.S. arbitration with Thomas J. Stipanowich, academic director of the Straus Institute for Dispute Resolution, at the Pepperdine University School of Law, in Malibu, Calif. Tom and Mike discuss in detail how domestic arbitration can be improved with the American College of Commercial Arbitrators’ 2009 protocols for expeditious cost-effective commercial arbitration.
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The scenario is all too familiar. The deal is done, the contract is signed, and no sooner than the ink is dry, the fighting starts. Disagreements begin innocently enough. A simple misunderstanding starts with little more than a few testy emails. Tensions escalate. Meetings are called, but nothing is resolved. Both sides bring in their litigators. Everything begins to dissolve, except of course, for the costs of litigation.
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A mediated settlement last week between American International Group Inc., and former CEO Maurice Greenberg, keeps mediator Layn R. Phillips, a partner in the Newport Beach, Calif., office of Irell & Manella, overseeing the matter, in a manner that looks more like an arbitrator. Phillips will decide legal fees that could range up to $150 million, and has potentially broad authority to resolve outstanding issues.
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Part 2 of a discussion on domestic and international disputes in the entertainment field with NBC Universal attorneys, Susan E. Weiner, executive vice president and deputy general counsel, and David L. Burg, who is senior vice president for litigation.
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Disputes at a television network attract a great deal of attention, and need a great deal of conflict management skills. Not to mention cutting-edge tools. Two top lawyers at NBC Universal Inc. talk discovery, arbitration, mediation, and the nature of business disputes in the first of two parts.
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Using a few basic themes, dealmakers can creatively craft a dispute management system or process that meets the parties' business goals while avoiding disputes that tarnish the benefits of the deal.
While much has been written about effective post-closing integration practices, not nearly enough attention has been paid to effective conflict management. Given the potential for the rupture of important relationships and the prospect for costly and distracting litigation battles after completing the deal, focusing on the structure for the resolution of potential disputes while a deal is being negotiated -- and relationships are still in the honeymoon phase -- should result in enormous benefits later.
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IDN host Michael McIlwrath speaks with
Nicholas Henchie, a partner in the London office of Mayer Brown. They analyze the benefits and the needs for limited processes, including, at the end, the new CPR Institute global accelerated rules.
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The September Alternatives cover story proposes a better way to resolve the long, expensive litigation over disputes between states.
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