ADR Resources

We are all inundated with content on a daily basis. Some of it is valuable and each of us will refer back to it on a regular basis. Other pieces are consigned to the trash rather quickly. I have found that in the world of ADR the same situation exists. It is often difficult to find articles that relate to the specific situation that I or my clients are facing. Therefore I’ve established this listing of curated content to make it easier for each of you to find the answers that you are looking for.

Some of the content below is material that I have personally written. Other pieces are the best examples of articles on specific topics that I’ve read so far. I welcome your comments and suggestions for additions and deletions for this list.

I regularly publish a newsletter showcasing articles of interest in the areas of arbitration and mediation. You can view the archives of this publication. You may also subscribe to receive these newsletters for free.

Content that I have personally authored

Conflict Resolution Policies, Reputational Risk, and Enterprise Risk Management
What Directors Need to Know and Should Be Asking Management
As published by NYSE Governance services

Cases of note and content authored by others

Delaware’s Speedy New Arbitration Act
This is BIG news for transactional lawyers and arbitrators. Delaware, home to most of the US’ largest businesses, amended their State arbitration act effective May 4, 2015.

US Supreme Court Asked to Review Case Based Upon Mediator Conflict
Ceats Inc V. Continental Airlines Inc LLC. The decision addresses a mediator’s duty to disclose and his/her duty of neutrality.Finding a Bottom Line – Helping Your Client Value a Case

Finding a Bottom Line – Helping Your Client Value a Case
“Indeed, we know that lawyers and clients are not reaching accurate values. Several important studies establish that far too often lawyers who fail to settle their cases are making mistakes.”

Top 10 Mistakes Lawyers Make In Arbitration and Tips On How To Avoid Them !
“Arbitration is no more a macho gladiator contest than litigation, though some lawyers (and their clients too, unfortunately) seem to believe that gamesmanship – hardball tactics, obfuscation and delay – is the way to win cases.”

10 Ways to Make Arbitration Faster & More Cost Effective
“Forty experienced arbitrators from across the United States were asked what ten things they would tell CEOs and CFOs in order to maximize the benefits of commercial arbitration. The arbitrators represent a broad range of legal and business experience throughout the spectrum of commercial and governmental law. Experience as an arbitrator ranged from two years to forty years.”

The Value of Mediation Even if Your Case Doesn’t Settle
The mediator and everyone else at the table would prefer that the case settle in mediation. However, even if the case doesn’t settle you’re going to come away from the mediation with something of value that makes the mediation worth your time.

Attorney’s Pet Mediation Peeves
Attorneys have many objections to mediation and, surprisingly, the ones that are the most prevalent aren’t the ones you’d think of.

Choose Carefully – All Mediators Are Not Created Equal
“If a mediation is going to have a chance at success, perhaps the most important decision is who will sit in the neutral chair at the head of the table. From case to case, that decision will vary. Attorneys owe it to their clients to invest the time in investigating, strategizing and selecting the right mediator for each case.”

Keep Time and Emotion from Killing a Negotiation
“Time and emotion — these are the two things most often wasted during a negotiation. We simply spend too much time on items that don’t really matter, because we let our emotions override any semblance of logic. It is a natural human response to act negatively, reactively, and emotionally to any negotiation points that are counter to one’s pre-disposed positions. It is also poor negotiation practice.”