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The LinkedIn Commercial and Industry Arbitration Group is 600 Members Strong!

February 23rd, 2010 ADR Social Media, Commercial and Industry Arbitration and Mediation Group, Mediation No Comments »

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.   At that time the group was 29 members strong, and if someone had told me that there was even a chance the group might reach the 600 member mark in a year or less, then I probably would have had second thoughts about that person’s grasp of reality.   But I would have been dead wrong, because today the group reached the 600 member mark after being in existence for approximately nine months.  And we expect it will continue to grow.       

Some LinkedIn groups are a little dull, featuring little or no meaningful discussion and plenty of shameless self promotion.  But this group is a lively one that enjoys debating issues and sharing information and experiences.  Discussions have been frequent and spirited, the group is internationally and professionally diverse, and group members have access to several ADR blog feeds, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer and international arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, law professors, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group’s membership features a number of highly-accomplished mediators, dispute resolution professionals, and ADR bloggers and professors.  Not being a mediator myself, I have learned much about mediation simply through group discussions.      

We welcome new members.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join up!

The LinkedIn Commercial and Industry Arbitration and Mediation Group is Now More than 500 Members Strong!

January 6th, 2010 Commercial and Industry Arbitration and Mediation Group, Mediation 2 Comments »

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.   At that time the group was 29 members strong — now it is more than 500 members strong, and still growing.   

Some LinkedIn groups are a little dull, featuring little or no meaningful discussion and lots of shameless self promotion.  But this group is a lively one that enjoys debating issues and sharing information and experiences.  Discussions have been frequent and spirited, the group is internationally and professionally diverse, and group members have access to several ADR blog feeds, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, law professors, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group’s membership features a number of highly-accomplished mediators and well-known ADR bloggers.  Not being a mediator myself, I have learned much about mediation simply through group participation.    

We welcome new members.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join the conversation!

Interesting Article on Arbitrator Power to Retain Jurisdiction

December 17th, 2009 Association of Insurance and Reinsurance Run-Off Companies (AIRROC), Authority of Arbitrators, Awards, Commercial and Industry Arbitration and Mediation Group, Grounds for Vacatur, functus officio No Comments »

On June 28, 2009 we published a post concerning an article we wrote for AIRROC Matters about KX Reinsurance Co. v. General Reinsurance Corp., 08 Civ. 7807 (SAS), 2008 WL 4904882 (S.D.N.Y. Nov. 18, 2008) (Scheindlin, J.), where the court held that an arbitration panel exceeded its authority when, after resolving all the issues the parties submitted, it nevertheless retained jurisdiction.  A copy of our post is here. 

Around the time we published that post, my friend, colleague and fellow LinkedIn Commercial and Industry Arbitration and Mediation Group member, Theresa Hajost, told me that she had an article in the works that would treat in a very comprehensive fashion the issue of arbitrator authority to retain jurisdiction.  (For those of you who do not already know her, Theresa is a partner at the Washington, D.C. office of Halloran & Sage LLP, where she practices insurance and reinsurance litigation and arbitration.)  I thought that was a great idea and told her so. 

Theresa recently published the article, Does An Arbitrator’s Retention of Jurisdiction After The Issuance of a Final Award Subject That Award To Vacatur?,  in ADR Choices (Volume I Issue 10) (published by DRI).  We highly recommend it as it surveys and discusses cases from all over the country on the issue of an arbitrator’s authority to retain jurisdiction, organizes those cases into helpful categories and offers  insightful comments on the subject.  It is an excellent resource for anyone who is interested in arbitral power, or who is confronted with a scenario where there is a question concerning an arbitration panel’s authority to remain constituted post award.  You can read the article using the link Halloran & Sage has kindly provided here.

Great job, Theresa!

Some Helpful Rules and Tips for Policyholders and Cedents Courtesy of Settlement Perspectives

December 15th, 2009 Commercial and Industry Arbitration and Mediation Group, Follow-the-Settlements/Follow-the Fortunes, General, Negotiation, Reinsurance Allocation, Reinsurance Claims 1 Comment »

Our friend, colleague and fellow Commercial and Industry Arbitration and Mediation Group member, John DeGroote, has written and published in his Settlement Perspectives blog an excellent article offering some very practical and sound guidance to corporate policyholders who are confronted with litigation that may fall within the scope of their liability insurance, and who desire to increase the odds of securing coverage.   John, who is President, Chief Legal Officer and Secretary of management and technology consulting firm BearingPoint, Inc. (formerly KPMG Consulting), was kind enough to seek our input on the article.  It is entitled Insurance Coverage: 4 Rules and 10 Tips for Policyholders, and features a link to a longer, more detailed article John co-wrote on the same subject for an Association of Corporate Counsel  (”ACC”) publication. 

When I read John’s draft the first thing that struck me was that the rules and tips he offers are, for all intents and purposes, applicable to cedents pursuing reinsurance recoveries.  He stresses, among other things, the importance of honesty, good faith, open communication and not colluding with the claimant in an effort to obtain coverage.  These attributes are ones to which diligent, ceded claims personnel should aspire in their dealings with their company’s reinsurers, because they tend to increase the odds of achieving a successful recovery and avoiding time-consuming and expensive reinsurance disputes (all other things being equal). 

John was also kind enough to quote my comments in his article, which are reproduced below: 

As I discussed these rules with Philip J. Loree Jr. at the Loree Reinsurance and Arbitration Law Forum the other day, I learned that they don’t only apply to policyholders –  apparently insurers must live by these same rules to collect from their reinsurers:

You would be surprised how frequently reinsurers contend that the carrier colluded with the policyholder in direct insurance coverage litigation.  If the reinsurer can establish collusion concerning the fact, amount or allocation of coverage, or if the reinsurer otherwise shows that the carrier acted in bad faith, then the reinsurer will usually be relieved of liability for the claim.  Like policyholders making direct insurance claims, carriers making reinsurance claims need to avoid even the appearance of collusion or bad faith, and following rules analogous to yours helps them do that.

Whether you happen to be a corporate or individual policyholder, or a cedent wishing to increase the odds of successfully collecting from reinsurers, John’s fine article comes highly recommended.   In fact if you are at all interested in settlement and ADR, we highly recommend that you follow Settlement Perspectives.  John writes high-quality, insightful and practical  articles on a variety of pertinent topics.  Who could ask for more?

Update: The LinkedIn Commercial and Industry Arbitration and Mediation Group is 404 Members Strong

October 30th, 2009 Commercial and Industry Arbitration and Mediation Group, Mediation, Negotiation No Comments »

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.   At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 404 members.  And about 150 of those new members have joined since August 29, 2009. 

Discussions have been lively, the group is internationally and professionally diverse, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

The group recently set up a subgroup — the Effective Negotiation and Settlement Subgroup — which is now more than 90 members strong.  This subgroup, founded by California mediator, arbitrator and blogger Michael P. Carbone, focuses on identifying and discussing the effective negotiation, mediation and settlement of disputes that are the subject of pending arbitration or litigation proceedings.  Membership in the main group is the only prerequisite to participate in the subgroup.   

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, law professors, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group is proud to have as members a number of accomplished mediators, including some well-known ADR bloggers.  Not being a mediator myself, I have learned much about mediation simply through group participation.    

We welcome new members.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the Group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group.

We hope you’ll join us and participate!

Don Philbin Guest Post: Brain Science Improves Negotiation

October 28th, 2009 Commercial and Industry Arbitration and Mediation Group, Guest Posts, Mediation, Negotiation 4 Comments »

By Donald R. Philbin, Jr.

Psychology has informed negotiation theory for years. (See here.)  As a result, we know that all negotiators:

  1. Are overconfident – we all live in Lake Wobegon where the grass is greener and everyone is above-average;
  2. Reactively devalue offers coming from an adverse party – even if they happen to be in our interest (“it can’t be good for us if it came from them”); and
  3. Have different risk tolerances – and react differently to the same offer.

But faster magnetic resonance imaging (“MRI”) machines have allowed brain scientists to monitor a subject’s reactions to different stimuli in real time.  That has accelerated the pace of discovery and expanded research frontiers.  Vanderbilt Law School, for instance, has received grants to investigate how insights of brain research affect the legal system.  (See here.)  When used in an effort to prove guilt or innocence, there is inevitable controversy.  But learning how the human brain often functions can be good training for negotiators and the mediators that often assist them.

I have long been interested in the ways economics and psychology can broaden the typical legal analysis in mediation.  The ABA recently published “How Brain Science can Make You a Better Lawyer” (here), a broad survey, but not particularly insightful negotiation theory.  So I took a course titled, “Neuro-Collaboration: How New Perspectives from the Neurosciences Can Enhance Your Collaborative Conflict Resolution Skills” (here) the weekend before last in beautiful Woodstock, Vermont (yes, the leaves were still changing).  Continue Reading »

The LinkedIn Commercial and Industry Arbitration and Mediation Group is 351 Members Strong!

October 5th, 2009 Commercial and Industry Arbitration and Mediation Group No Comments »

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.   At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 350  members.  And about 100 of those new members have joined since August 29, 2009. 

Discussions have been lively, the group is internationally and professionally diverse, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

The group recently set up a subgroup — the Effective Negotiation and Settlement Subgroup — which is now more than 70 members strong.  This subgroup, founded by California mediator, arbitrator and blogger Michael P. Carbone, focuses on identifying and discussing the effective negotiation, mediation and settlement of disputes that are the subject of pending arbitration or litigation proceedings.  Membership in the main group is the only prerequisite to participate in the subgroup.   

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, law professors, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group is proud to have as members a number of accomplished mediators, including some well-known ADR bloggers.  Not being a mediator myself, I have learned much about mediation simply through group participation.    

We welcome new members.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the Group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group.

We hope you’ll join us and participate!

Read the Mediation Channel’s 24 Alternative Dispute Resolution Blogs to Follow

September 6th, 2009 Commercial and Industry Arbitration and Mediation Group, General, Mediation 2 Comments »

Diane Levin, veteran mediator, ADR blogger, and founder of the Mediation Channel and ADRBlogs.com, recently published “Recommended reading: 24 Alternative Dispute Resolution Blogs to Follow,” in which she lists, categorizes and describes 24 ADR blogs that she recommends others follow.  Her list includes all of our favorite ADR blogs, and we intend to include on our blogroll any of the 24 blogs not already on it.  

We were flattered that Diane included the Loree Reinsurance and Arbitration Law Forum on her list, and described it as a “niche blog” that is “distinguished by scholarly, sophisticated discussion and analysis of issues in reinsurance and commercial litigation and arbitration.”   We, like most bloggers (and certainly all of those on Diane’s list), work hard to produce material worthy of publication, and it always makes you  feel appreciated when your efforts are publicly acknowledged.  Thank you, Diane! 

By the way, any list of alternative dispute resolution blogs to follow would be incomplete without mention of Diane’s own blog, the Mediation Channel, and her catalogue of worldwide ADR blogs, ADRblogs.com.  Diane is a very talented writer, and as we have said before (here), her posts really make you think.  She’s been blogging for a number of years now, and she’s one of the best.  But don’t just take our word for it, read her posts! 

She is also an expert on social media, and I have learned much from her about it (and am still learning).  For example, I initially had some reservations about joining Twitter, which I shared with the LinkedIn Commercial and Industry Arbitration and Mediation Group in a discussion post.   Diane’s helpful and informative response convinced me to give it a try, which I did.  I have been on Twitter for just over a week now, and I couldn’t be more pleased with it.  People like Diane are what make social media work, and only a select few are in her league.

LinkedIn’s Commercial and Industry Arbitration and Mediation Group Is Now 251 Members Strong!

August 26th, 2009 Commercial and Industry Arbitration and Mediation Group, Mediation No Comments »

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of the LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here), an open forum for the discussion of industry and commercial ADR.   At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 251  members.  Discussions have been lively, the group is internationally and professionally diverse, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and learning opportunity for anyone interested in commercial and industry ADR.

Membership in the group is recommended to those interested in keeping abreast of current events pertinent to arbitration (including consumer arbitration), tracking judicial and legislative developments relevant to arbitration law, learning more about the subject, or simply sharing information.  We are proud to have as members a number of commercial and industry arbitrators, attorneys, industry people and arbitration professionals.   

Membership is also recommended if you are a mediator, a business person who utilizes mediation to resolve disputes, an attorney who represent clients in mediation or a person interested in learning about mediation or sharing information on the subject.  The group is proud to have as members a number of accomplished mediators, including some well-known ADR bloggers.  Not being a mediator myself, I have learned much about mediation simply through group participation.    

We welcome new members.  The group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not be concerned about being subject to sales pitches, and the like. 

If you are already a member of LinkedIn, please click here to apply for membership in the Group. If you are not a LinkedIn member, click here, and you will be guided through the process of creating a profile (which does not need to be completed in one step).  Once your profile is started, and you have a log-in name and password, you can apply for membership in the Group (which entails no more than clicking on a button).  Joining LinkedIn is free, as is joining the group.

We hope you’ll join us and participate!

Disputing Celebrates its Fourth Birthday!

August 24th, 2009 Commercial and Industry Arbitration and Mediation Group, General No Comments »

Today our good friends Karl Bayer and Victoria VanBuren are celebrating Disputing’s fourth birthday.  You can read about it here.   

Disputing is an excellent ADR blog and, on behalf of the Loree Reinsurance and Arbitration Law Forum, we congratulate Karl and Victoria on this special day.  Both of them have made an enormously valuable contribution to the ADR blogosphere, and continue to produce a steady stream of timely, interesting, thoughtful, and well-written posts. And they have a very impressive following, as well.

As co-founders of the LinkedIn Commercial and Industry Arbitration and Mediation Group, they have helped provide an excellent forum to the ADR community for the discussion of issues pertinent to the field.  The group continues to grow, and the discussions keep flowing, even in the dog days of summer!

Karl and Victoria:  Congratulations and keep up the excellent work!

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