Alternative Dispute Resolution
JAY H. SANDAK
Recently there has been increased interest in using a combination of mediation and arbitration to resolve commercial disputes. This process has been commonly known as "Med-Arb." It's highly controversial from both the standpoint of the parties to the dispute and the third-party neutral who is potentially serving in a dual capacity.
Creativity Can Lead To Optimally Designed ADR Approaches
By HARRY N. MAZADOORIAN
Give a man a fish, says the proverb, and he will eat for a day. Teach a man to fish and he will eat for a lifetime. So, too, is it in the field of dispute resolution. Offer a dispute resolution process for a particular dispute and the dispute may be resolved. Design an easily accessible dispute resolution system and the dispute may be even more expeditiously concluded or better yet be avoided.
The State of Mediation—And How to Make it Better
By PETER BENNER
Have you recently convinced a client that the pain and cost of litigation make litigation a poor choice compared to mediation, only to have the client unhappy with the mediation session? If so, your experience is not unique, some experts say.