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Archive for the ‘Mediation’ Category

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.

Kathy Billingham, Peter Scarpato and Andy Walsh are Founding Members and Officers of REMEDI, the Re/Insurance Mediation Institute

August 27th, 2009 Mediation, Reinsurance Mediation 1 Comment »

Kathy Billingham, Peter Scarpato and Andy Walsh have, along with others, formed REMEDI, the Re/Insurance Mediation Institute, to promote and foster mediation in reinsurance and insurance disputes.  Kathy is the Chair and Chief Executive Officer, Peter is the Vice-Chair and President, and Andy is the Secretary and Treasurer. The Directors are Larry Monin, Jonathan Rosen, David Thirkill and Elizabeth Thompson, and other founding members are Paul Dassenko, Richard Waterman, Jim Stinson of Sidley Austin LLP, and Vince Vitkowsky and Jim Shanman of Edwards Angell Palmer & Dodge LLP, which serves as pro bono outside general counsel.

Congratulations and good luck!

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!

Should the States Certify and Regulate Mediators?

July 30th, 2009 Mediation, Reinsurance Mediation 6 Comments »

One of the reasons we enjoy reading the Mediation Channel so much is that Diane Levin’s posts are designed to make you think.  In her recent post, “To Certify or Not to Certify:  That is the Question as the Mediation Field Struggles with Professionalization,” she discussed a number of arguments for and against state licensing and regulation of mediators.  (A copy of the post is here.)   I found this post to be particularly thought provoking. 

From what I have heard (and I am not a mediator) state regulation of mediators is a controversial subject.  And it should be.  Continue Reading »

The Art and Science of Mediation: A Brief Recap of the July 14, 2009 Don Philbin/Randall Kiser/Katherine Billingham ABA Teleconference

July 17th, 2009 Asbestos-Related Claims, Mediation, Reinsurance Mediation 1 Comment »

Readers may remember our July 1, 2009 announcement concerning an American Bar Association teleconference on mediation hosted by Don Philbin, Randall Kiser and Katherine Billingham (post here).  The conference took place as scheduled on July 14, 2009, and we thought it was excellent.

Don Philbin and Randall Kiser explained a theory of mediation based on a combination of brain science, psychology, statistical analysis, and computer graphics, which we thought was as inspiring as it was fascinating.  They discussed the results of empirical studies of decisional errors in litigation, comparing last settlement positions of parties who failed to settle to the ultimate outcome of the proceeding.  They explained who did better, who did worst, and what the cost of the error was.  They also described a technique that can overcome psychological barriers to settlement that uses graphically-depicted outcome-scenarios.  Randall discussed a book he is writing, which will explain and advocate a scientific approach to decision making, and which will delve into the legal malpractice considerations associated with poor decision making.  Randall’s book will hit the shelves this fall.

Once upon a time I thought mediation was, to a significant extent, based on “touch” and “feel,” but Don and Randall have proved me wrong.  To some extent it is certainly an art, but science plays an important role, especially when the mediators are trained to use it properly.  

Katherine Billingham discussed a scientific approach to resolve through mediation complex multi-insurer, multi-layer, multi-year asbestos-related insurance coverage disputes, using excellent graphics.  She explained how these disputes can be mediated in a multi-phase process that takes into account nearly every one of the myriad of variables that must be considered.  Her methodology can also be applied to complex reinsurance disputes, which she also mediates.

All in all, there was much useful information packed into the one-hour presentation, and we view it as a springboard for further research and study.  Kudos to all involved!

Upcoming ABA Mediation Teleconference Featuring Don Philbin and Katherine Billingham

July 1st, 2009 Commercial and Industry Arbitration and Mediation Group, General, Mediation, Reinsurance Mediation 1 Comment »

On July 14, 2009 LinkedIn Commercial and Industry Arbitration and Mediation Group co-manager Donald R. Philbin Jr., group member Katherine Billingham, and Randall Kiser from DecisionSet®, will be presenting at a one- hour live teleconference and webcast entitled  “Deal or No Deal: Improving the Odds of Successful Mediation.”  Randall’s article Lets Not Make a Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations was featured in the New York Times. 

The program is sponsored by The American Bar Association Section of Litigation Alternative Dispute Resolutions Committee, Pretrial Practice & Discovery Committee, Trial Practice Committee, and Commercial & Business Litigation Committee and the ABA Center for Continuing Legal Education

As readers may know, Don is an arbitrator, mediator, negotiator, attorney, and business consultant, whose website is here.  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.  Katherine Billingham is an attorney, reinsurance consultant, an ARIAS-U.S. certified arbitrator and mediator, and principal of KB ReSolutions, Inc, whose website is here.  She also holds ADR certifications at the American Arbitration Association and the Reinsurance Association of America.  Randall Kiser is the principal analyst at DecisionSet®, a decision services company, whose website is here.  He designs quantitative models for DecisionSet® and works with attorneys, litigants, insurers, and advisors in assessing risks and evaluating litigation alternatives.   

Check out the coverage in Disputing, here, which features links to two of Don’s recent articles, including one published in the Harvard Negotiation Law Review.  Find out more about the event, and how to register, here.

Guest Post — Mediating Reinsurance Disputes: A Case Study

May 14th, 2009 Guest Posts, Mediation, Reinsurance Mediation 2 Comments »

Introduction

I am very pleased that Phil Loree Jr. asked me to guest blog for the Loree Reinsurance and Arbitration Law Forum.  I have known Phil for quite some time and have worked with him on various matters over the years.  Phil suggested that I write something about my experiences mediating reinsurance disputes.  This guest post is a revised version of an article I published in the September 2006 edition of JTW News, a popular, U.K.-based reinsurance trade publication.    

As the aggravation, expense and amount of time required to arbitrate or litigate escalate, parties to reinsurance disputes are beginning to opt either by contract or ad hoc agreement to mediate reinsurance disputes. For them, depending upon the case, less is more; that is, compared to arbitration or litigation, mediation is a less aggressive, less costly, less damaging and less divisive alternative to tip the balance of power and opportunity in both parties’ favor.  A careful, experienced and patient mediator views disputes between parties, not as a battle, but as an opportunity to empower them to structure a resolution that best meets their respective short and long term needs. 

Despite this trend, many still claim mediation is unnecessary, expensive and unproductive — complaints based mostly upon its non-binding nature and prior “bad” experiences with ineffective mediators.  From my discussions with many satisfied client and lawyer participants and my own work mediating cases, I have found that parties and their counsel can and do benefit in many ways — even if no settlement immediately results – from mediating their reinsurance disputes before an effective mediator.  Continue Reading »

Introducing Loree Reinsurance and Arbitration Law Forum Guest Blogger Peter A. Scarpato, Esq.

May 14th, 2009 General, Guest Posts, Mediation, Reinsurance Mediation 2 Comments »

This week we are delighted and honored to feature Peter A. Scarpato, Esq. as a guest blogger on the Forum.  I have known Peter since 1990, when he was the General Counsel of American Centennial Insurance Company in run-off, and I was an associate at Miller, Singer, Raives & Brandes, P.C.   We have stayed in touch over the years and have worked together on matters where Peter was the key client contact, both at American Centennial, and later, at the American International Group. 

Currently the President of Conflict Resolved, LLC, Peter is a full-time ADR professional who has extensive experience as an arbitrator, umpire, counsel, mediator and negotiator in hundreds of reinsurance and other commercial disputes, settlements and commutations.  He is a run-off specialist for all forms of property and casualty insurance and reinsurance; warranty; surety; and various types of program business.  He is an ARIAS-U.S. certified arbitrator and mediator who also holds ADR certifications or positions for FINRA Dispute Resolution (formerly the National Association of Securities Dealers (NASD));  Executive Mediator Services; Reinsurance Association of America (RAA); Construction Dispute Resolution Services LLC; the United States District Court for the Eastern District of New York; New York State Supreme Court – Commercial Division; and Case Closure, LLCContinue Reading »



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