main image

Archive for the ‘Mediation’ Category

LinkedIn’s Commercial and Industry Arbitration and Mediation Group is 900 Members Strong and Growing!

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

As regular readers know, we own and co-manage with Don Philbin, Jr., Karl Bayer, Robert Bear, and Victoria VanBuren  LinkedIn’s Commercial and Industry Arbitration and Mediation Group.  The group actively discusses issues pertaining to domestic and international ADR, and features a distinguished and diverse membership of arbitrators, mediators, business people, attorneys, law professors, students, and other persons interested in ADR.  Our members hail not only from the United States, but many other countries as well. 

The group, which was formed in May 2009, is now 900 members strong and is growing by the week.  Many different industries are represented, including the insurance and reinsurance industry.  The group enables members to share information; discuss and debate issues; directly access numerous excellent ADR-related blogs; and network with others in the domestic and international ADR community. 

The group welcomes new members, and encourages (but does not require) active participation.  The only requirement for membership is a bona fide interest in ADR.  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 user 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!

Two Upcoming and Notable ADR-Related Events of Interest

June 3rd, 2010 Events, Mediation, Negotiation, Securities Arbitration No Comments »

Our good friends Don Philbin and Victoria Pynchon are presenting this June on ADR-related subjects. 

On June 9, 2010, Don Philbin will be giving a presentation entitled “Deal or No Deal — Negotiation Strategy in Mediations,” as part of a Securities Arbitration & Mediation CLE program sponsored by the City Bar Center for CLE and other organizations.  (The program agenda is here.)  The program will be held at 9:00 a.m. – 12:00 p.m. on June 9, 2010 at the New York City Bar (formerly “The Association of the Bar of the City of New York”), 42 West 44th Street, New York, New York 10036.   A one-hour networking lunch follows, beginning at 12:00 noon.  The program offers California, New York and Illinois CLE credit.  For information about fees and registration, click here or call the New York City Bar at (212) 382-6663.  

Don is an excellent speaker and has a unique, brain-science-oriented approach to negotiation and mediation.  He is also a very experienced arbitrator, mediator, attorney and consultant, whose many contributions to the ADR world include the ADR Highlight Reel (read about it here).   You can read about one of his prior presentations here, and his Forum guest post here and here

On June 10, 2010 Victoria Pynchon, along with John W. Tinghitella, is hosting a Negotiation for Women Workshop to be held in Pasedena, California.   The promotional materials for Vickie’s workshop point out some troubling statistics: 

  1. Women are 4 times less likely to negotiate their salaries after college and they lose up to a million dollars over their careers as a result
  2. Women own and manage 40% of all small businesses in the U.S., but obtain only 2 ½% of available venture capital
  3. Women continue to earn 77 cents on every male dollar. Professional women earn even less – women attorneys, for instance, earn only 60 cents on the male lawyer’s dollar

The workshop is designed to give women “the insight and tools to recognize your existing skills and seize the opportunities you’re now overlooking.  This will allow you to negotiate better working conditions, higher salaries, more benefits and better prices for your products and services.” 

For more information about Victoria’s workshop, including registration instructions, click here.  And you can read her recent blog post about the workshop, “Closing the Wage Gap Rocking Your World,” here.

This program comes highly recommended for women young and old, professional and nonprofessional.  Negotiation is a critical part of all of our day-to-day lives and anything that can make us better at it is a worthwhile endeavor.  And Vickie and John Tinghitella are recognized and respected authorities on the subject.

In fact, the program is of such practical value that I recommended it to one of my California-based sisters who lives within a reasonable driving distance of Pasadena.

David J. Abeshouse Is Presenting a CLE Seminar this Wednesday, April 7, 2010: What Dispute Resolution Can Mean For Your Practice

April 3rd, 2010 Commercial and Industry Arbitration and Mediation Group, Events, Mediation No Comments »

On April 7, 2010 our good friend David J. Abeshouse, a prominent Long-Island-based B-2-B litigator, arbitrator and mediator, is presenting a complimentary CLE seminar entitled: “Business ADR for Lawyers: What Alternative Dispute Resolution Can Mean For Your Practice.  The 1 ½ hour seminar will, among other things, discuss what ADR is all about; explore some of the many myths and misconceptions about ADR; outline the 3 principal ways that cases can wind up in ADR; and explain how ADR can benefit transactional lawyers, litigators, and clients alike.

The program will be held at the Melville Marriott, 1350 Old Walt Whitman Road, Melville, NY 11747. Breakfast and registration will be held between 8:00 a.m. and 8:30 a.m., and the seminar will begin at 8:30 a.m. It has been approved for 1.5 New York CLE credits.

Space is limited, so if you are interested in attending, please RSVP by e-mail or fax:

Email: events@ultimateabstract.com

Fax: 631-501-1370

Telephone: 631-423-1600

David is an experienced public speaker and a vigorous advocate of ADR, so the seminar promises to be a very good one.  You can learn more about David’s practice here

I’ll certainly be there, and I hope you’ll be able to attend, too.

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!

Recently-Formed Re/Insurance Mediation Institute Holding a Cocktail Reception in New York City on November 11, 2009

October 31st, 2009 Mediation, Re/Insurance Mediation Institute, Reinsurance Mediation No Comments »

We previously reported that Peter A. Scarpato, Katherine Billingham and Andrew S. Walsh, in conjunction with others, recently formed the Re/Insurance Mediation Institute (”ReMedi”), a nonprofit organization whose mission is to “foster the development of mediation as a means of resolving reinsurance and insurance disputes.”  (See our prior post here.)  More information about ReMedi can be found here, and you can read about Peter and Kathy here, here, here, here and here

The Founding Members of ReMedi, including Peter, Kathy and Andy, are hosting a cocktail reception in New York city to celebrate the establishment of the new organization. The reception will be held on November 11, 2009, from 5:30 p.m. to 7:30 p.m., at the offices of Chaffetz Lindsey LLP, 1350 Avenue of the Americas, New York, NY 10019 (6th Avenue and 55th — enter at 55th).

Peter asked the Forum to let those interested in reinsurance and insurance mediation know that, if you have not received an invitation, but wish to attend, then you should contact him at (215) 369-4329. Alternatively, you can contact me via e mail  (pjl1@loreelawfirm.com) or telephone ((516) 627-1720), and I will be happy to let Peter know that you are interested in attending.   

The event is sponsored by Chaffetz Lindsey LLP and Cozen O’Connor, and is free of charge.   The Founding Members of ReMedi (other than Peter, Kathy and Andy) are Paul Dassenko, Larry Monin, Jonathan Rosen, Jim Shanman, Jim Stinson, Kevin Tierney, Liz Thompson, David Thirkill, Vince Vitkowski, and Richard Waterman. 

Peter, Kathy, Andy and I hope to see you at the reception.

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!

Introducing Guest-Blogger Donald R. Philbin, Jr.

October 28th, 2009 Guest Posts, Mediation, Negotiation No Comments »

Today we are proud to feature our good friend and colleague Don Philbin as a guest blogger.   

As readers may know, Don is an arbitrator, mediator, negotiator, AV-rated attorney, and business consultant, whose website is here.  He is an experienced commercial litigator, and was general counsel and president of hundred-million dollar plus communications- and technology-related companies.   He is listed in The Best Lawyers in America (Alternative Dispute Resolution; Woodward/White 2007, 2008).  In addition to his other work Don frequently writes and speaks on topics pertinent to ADR, and is an adjunct professor at Pepperdine University Law School’s prestigious Straus Institute for Dispute Resolution.  He serves as a co-manager of LinkedIn’s Commercial and Industry Arbitration and Mediation Group (here), and tweets about ADR-related topics on Twitter (follow Don here).   Don can be contacted here.  

Don was kind enough to send us a post on one of his favorite topics: brain science and its relevance to negotiation.  His post briefly describes a seminar on this subject, which he attended the weekend before last, and which he found particularly compelling.   Read about it here.

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 »

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.