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Archive for the ‘General’ 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.

Disputing Celebrates its Fourth Birthday!

August 24th, 2009 Commercial and Industry Arbitration and Mediation Group, General Comments Off on Disputing Celebrates its Fourth Birthday!

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!

Disputing Has Published Part II of our Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Co. Guest Post

August 10th, 2009 Arbitrability, Authority of Arbitrators, Class Action Arbitration, General, Guest Posts Comments Off on Disputing Has Published Part II of our Stolt-Nielsen, S.A. v. AnimalFeeds Int’l Co. Guest Post

Last week we announced that  Disputing had published Part I of our four-part guest post on Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 548 F.3d 85 (2d Cir. 2009), petition for cert. granted June 15, 2009 (No. 08-1198) (post here).  Today, Disputing published Part II, which discusses Green Tree Financial Corp. v. Bazzle, 539 U.S. 444 (2003), the case that provides the legal landscape against which the Supreme Court will decide Stolt-Nielsen.   You can read Part II here.   We expect Disputing will publish Part III later this week, with Part IV to follow.  

The Supreme Court’s decision in Stolt-Nielsen may have some important ramifications for both commercial and consumer arbitration.  And soon-to-be Justice Sotomayor may provide the swing vote in the case.  So for advance coverage, tune into Disputing….

The LinkedIn Commercial and Industry Arbitration and Mediation Group is 200 Members Strong!

July 24th, 2009 Commercial and Industry Arbitration and Mediation Group, General 1 Comment »

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 200  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 useful to those of us that are following the unfortunate developments plaguing consumer debt arbitration, and for those who want to keep abreast of  judicial and legislative developments relevant to arbitration law.   A number of industry arbitrators, attorneys, industry people  and arbitration professionals are members. 

Mediation is another key area that is the subject of group discussions and the posting of articles.  The group is proud to have as members a number of accomplished mediators.  Not being a mediator myself, I have learned much about mediation simply through group participation.    

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.  The Group is not a forum for, and does not permit, advertising or blatant self-promotion, so our members need not worry 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 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!

Loree Reinsurance and Arbitration Law Forum and Four Other ADR Blogs Make Diane Levin’s “Top Five Tuesdays” List Of New ADR Blogs

July 19th, 2009 Commercial and Industry Arbitration and Mediation Group, General, Reinsurance Arbitration, Reinsurance Mediation Comments Off on Loree Reinsurance and Arbitration Law Forum and Four Other ADR Blogs Make Diane Levin’s “Top Five Tuesdays” List Of New ADR Blogs

Each Tuesday the National Arbitration Forum Blog features a “Top Five Tuesdays” guest-blog submission.  The guest-blogger submits a “Top Five” list on some topic pertinent to ADR. 

On July 14, 2009 the NAF Blog posted a “Top-Five Tuesdays” submission by master-blogger Diane Levin, entitled “5 New ADR Blogs to Add to Your Reading List.”  (Available here.)  Diane is, among other things, the blog master of the excellent and immensely popular ADR blog, Mediation Channel, and “unofficial taxonomist of the ADR blogosphere” at her popular worldwide blog directory,  ADRBlogs.com.   Noting that she “track[s] and catalog[s] bloggers world-wide who write about ADR, negotiation, and conflict resolution,” Diane said:     

It gives me the ability to introduce new and worthy ADR blogs to readers – like the following five blogs. I hope you enjoy them: 

 

  1. Loree Reinsurance and Arbitration Law Forum provides discussion and insights on reinsurance litigation and arbitration and is published by New York-based boutique commercial and industry arbitration firm Loree & Loree. This blog demonstrates quality writing on newsworthy topics that distinguish the top ADR blog; a recent example is “The AAA Commercial Rules and the Pig in a Poke: Gilbert Street Developers, LLC v. La Quinta Homes, LLC“.
  2. Business Conflict Blog provides perspectives on managing the business disputes that companies around the globe face, a focus reflected in posts such as “Contract Drafting for Dispute Management“, aimed for the transactional lawyer seeking to protect the value of the deal. This blog is written by F. Peter Phillips, a commercial arbitrator and mediator based in New Jersey.
  3. Mediation Matters is published by California lawyer and mediator Steve Mehta, who has translated his experience litigating and mediating complex cases into engaging posts that share his reflections on ADR practice, including this one on his experiences going green to conserve energy at his office.
  4. Cross Collaborate serves as a learning resource for all those involved in shaping or influencing governmental decisions, offering commentary on leading issues and innovative practices. It is published by John Folk-Williams, a practitioner and writer in the field of public policy collaboration and interest-based negotiation. His thoughtfulness as a practitioner is evident in posts like “Power Differences, Consensus Building & Collaborative Networks“.
  5. Disputing: Conversations about Dispute Resolution is a dependable source for news, updates and commentary on the law pertaining to arbitration, with a special focus on Texas demonstrated by posts such as “Texas HB 2256 Makes Possible a New Mediation Procedure for ‘Balance Billing‘”.

We thank Diane for having included us not only in her blog directory, ADRBlogs.com, but also in “5 New ADR Blogs to Add to Your Reading List.”  We also thank Diane for including our friends Karl Bayer, Victoria VanBuren and Holly Hayes at Disputing, and for featuring the other three excellent blogs listed above.   

For the benefit of readers who may not know Diane, she is a mediator, dispute resolution trainer, negotiation coach, writer, and lawyer based in Marblehead, Massachusetts.  She has instructed people from around the world in the art of negotiation and mediation.  Since 1995 she has assisted clients in resolving tort, employment, business, estate, family, and real property disputes, and has served on numerous mediation panels, including the United States Equal Employment Opportunity Commission (a/k/a “the EEOC”).  She has a passion for training and coaching and has taught thousands of people to resolve conflict, negotiate better, or become mediators – from Croatian judges to Fortune 500 executives.

Characterizing herself  — tongue in cheek — as “a geek at heart,” Diane also consults on web design and social media for professionals.  She writes about issues pertinent to ADR at the intersection of law, science and popular culture at Mediation Channel, which is regarded (deservedly so) as one of the world’s top ADR blogs.  She tracks and catalogues ADR blogs around the world at ADRblogs.com, where she has created a community for bloggers writing about alternative dispute resolution.  

Thanks again, Diane!

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!

Stern v. Bluestone: A Decision of Interest to All Attorneys Subject to Attorney Advertising Rules

June 23rd, 2009 General, Legal Ethics, New York Court of Appeals Comments Off on Stern v. Bluestone: A Decision of Interest to All Attorneys Subject to Attorney Advertising Rules

Introduction

Today we look at Stern v. Lavoott Bluestone, ___ N.Y. 2d ___, slip op. (June 11, 2009), a New York Court of Appeals decision that has nothing to do with either reinsurance or arbitration law.  Before you conclude that we’ve finally lost our marbles, let us explain:  The decision is of critical importance to all reinsurance and arbitration attorneys subject to attorney advertising restrictions — indeed, it is important to all attorneys subject to those restrictions.    The Court held that an attorney’s newsletter that was purely informational in content was not an “unsolicited advertisement” for the purposes of the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. § 227, as added by Pub. L. 102-243, 105 U.S. Stat. 2394, which prohibits the dissemination of such advertisements by facsimile. 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!