Archive for the ‘Commercial and Industry Arbitration and Mediation Group’ Category

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.

The Commercial and Industry Arbitration and Mediation Group is Now 150 Members Strong!

June 24th, 2009 Commercial and Industry Arbitration and Mediation Group, General Comments Off on The Commercial and Industry Arbitration and Mediation Group is Now 150 Members Strong!

On May 21, 2009 Disputing and the Loree Reinsurance and Arbitration Law Forum announced the formation of a 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 150 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. 

We welcome new members.  Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; law students and other students of commercial and industry ADR; and anyone else interested in the subject. 

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 have 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!

A Case to Watch Carefully: The $4.1 Billion Arbitration Award

June 14th, 2009 Authority of Arbitrators, Awards, California State Courts, Commercial and Industry Arbitration and Mediation Group 1 Comment »

Arbitration fans following the blogosphere — or participating in LinkedIn’s Commercial and Industry Arbitration and Mediation Group (here) — have no doubt heard about the $4.1 billion arbitration award recently confirmed by a California state court.   Check out the coverage in Victoria Pynchon’s Settle It Now Negotiation Blog, here and here, and Victoria VanBuren’s Disputing blog, here.  These posts feature a news article, related links and copies of the judgment and arbitration award.   One of Victoria Pynchon’s posts includes a very amusing video clip from Cabaret, featuring Liza Minelli!

The award arose out of an employment dispute between Paul Chester, the former chief operating officer of  iFreedom Communications, Inc., and iFreedom and its founder, Timothy Ringgenberg.  Mr. Chester claimed, and JAMS arbitrator William F. McDonald, a retired judge, agreed, that iFreedom did not receive commissions, back wages and other benefits due him under his employment agreement, and that he was fired without cause after he confronted his employer about this.  The compensatory component of the award is roughly $1 billion, which Arbitrator McDonald trebled based on iFreedom’s alleged bad faith.  The award is quite lengthy (27 pages), and provides a detailed breakdown of the various claims and corresponding damages.  The award states that the damages are ” appropriate to punish and make an example of defendants.”  (Query whether “making an example of Defendants” is a proper subject of private arbitration. ) Continue Reading »

LinkedIn’s Commercial and Industry Arbitration and Mediation Group is Now 100 Members Strong!

June 7th, 2009 Commercial and Industry Arbitration and Mediation Group, General Comments Off on LinkedIn’s Commercial and Industry Arbitration and Mediation Group is Now 100 Members Strong!

On May 21, 2009 we announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here).  At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 100 members.  There have been a number of interesting discussions, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and educational opportunity for anyone interested in commercial and industry ADR. 

We welcome new members.  Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; and law students and other students of commercial and industry ADR. 

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 have 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.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate in the discussions!

LinkedIn Commercial and Industry Arbitration and Mediation Group Follow-Up Post

May 29th, 2009 Commercial and Industry Arbitration and Mediation Group, General 1 Comment »

On May 21, 2009 we announced the formation of a LinkedIn Commercial and Industry Arbitration and Mediation Group (post available here).  At that time the group was 29 members strong, and we are pleased to report that the group has since grown to 65 members.  There have been a number of interesting discussions, and group members have access to several ADR blogs, as well as articles posted by other group members.  It is an excellent networking and educational opportunity for anyone interested in commercial and industry ADR. 

We welcome new members.  Persons who should consider joining this group include arbitrators; mediators; in-house and outside counsel; law professors; dispute-resolution consultants; members of  ADR organizations; business entity representatives and principals whose day-to-day responsibilities include dispute resolution; and law students and other students of commercial and industry ADR. 

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 have 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.  Joining LinkedIn is free, as is joining the group. 

We hope you’ll join us and participate in the discussions!