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Posts Tagged ‘Mediation’

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LinkedIn’s Commercial and Industry Arbitration and Mediation Group is now over 3,660 Members Strong!

July 2nd, 2014 ADR Social Media, Commercial and Industry Arbitration and Mediation Group Comments Off on LinkedIn’s Commercial and Industry Arbitration and Mediation Group is now over 3,660 Members Strong!

On May 19, 2009 the Loree Reinsurance and Arbitration Law Forum, Karl Bayer’s Disputing blog, Don Philbin Jr., Robert Bear and others formed a LinkedIn group called the Commercial and Industry Arbitration and Mediation Group. On May 21, 2009 we reported (here) that the group had “29 members with diverse backgrounds, all of whom are interested in commercial and industry ADR.” On October 28, 2010, we reported that the group was “now 1,008 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.  .  .; and network with others in the domestic and international ADR community.” (See here.)

Today the group has more than 3,660 members, and continues to discuss actively issues pertaining to domestic and international ADR, and continues to feature a distinguished and internationally-diverse membership of arbitrators, mediators, business people, attorneys, law professors, students, and other persons interested in ADR.

The group is co-managed by Don Philbin, Jr., Karl Bayer, Robert Bear and Philip J. Loree Jr. We welcome new members, and encourage (but do 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!

 

Arbitration and Mediation FAQs: Should I Agree to Mediate Future Disputes Arising out of a Business Contract or Transaction?

March 22nd, 2014 Arbitration and Mediation FAQs, Drafting Arbitration Agreements, Drafting Mediation Agreements, Mediation, Mediation Agreements, Negotiation, Small Business B-2-B Arbitration, Small Business B-2-B Mediation Comments Off on Arbitration and Mediation FAQs: Should I Agree to Mediate Future Disputes Arising out of a Business Contract or Transaction?

Suppose you are a business entity or an individual negotiating a contract that contemplates an ongoing business relationship with another person or entity. You need to consider many things, not the least of which is what kinds of provisions, if any, you might want to include in your contract that deal with the contingency of one or more disputes arising in the future. You might decide, for example, to agree to arbitrate disputes. You might decide that arbitration is too risky in the circumstances and that you would rather have a court resolve your dispute, but that you nevertheless want to include provisions in your contract dealing with choice of law, choice of forum, permissible remedies and the like. These are all important decisions that need to made carefully and often with the help of an attorney having skill and experience in such matters.

But they are not the only things that you might consider or be asked by your counterpart to consider. Whether or not you agree to arbitrate, or to litigate but only in a particular forum under the law of a particular state, there is something else you might want or be asked to consider: an agreement to mediate future disputes arising out of or relating to the contract and the business relationship it creates.

Should you give such an agreement some serious thought? There is no single correct answer to that question because, like most other things, the devil is in the details. But, depending on the circumstances, an agreement to mediate as a precondition to judicial or arbitral dispute resolution might be a very good idea. Continue Reading »

Small Business B-2-B Arbitration Part II.A: The Nature and Purpose of Arbitration

July 12th, 2013 Arbitration Agreements, Arbitration Practice and Procedure, Authority of Arbitrators, Awards, General, Making Decisions about Arbitration, Mediation, Negotiation, Practice and Procedure, Small Business B-2-B Arbitration Comments Off on Small Business B-2-B Arbitration Part II.A: The Nature and Purpose of Arbitration

The long- and short-term success of a business is generally measured by the economic benefits it produces for its investors.  Most business decisions require a business to accept risks of varying severity and frequency if the business is going to realize a meaningful return on investment.  All else being equal, to increase the likelihood that those decisions will yield profits, the business must accurately assess all material risks, their corresponding benefits and the interplay between the two.

The same holds true for the decision whether to make an arbitration agreement part of a business transaction, and if so, on what terms.  But in the author’s experience otherwise savvy and intelligent small-business-persons frequently view an arbitration agreement as a throw-in term that isn’t likely to affect materially the risk-benefit calculus of the transaction as a whole.  These business persons are therefore likely to agree to arbitrate with a more economically powerful counterpart without giving the matter much thought, let alone the careful thought they devote to the price and performance terms of the deal.  This approach, as a number of business people have learned the hard way over the years, can result in a very frustrating and potentially debilitating one-two punch:  dashed reasonable expectations coupled with very little, if any, meaningful judicial review. Continue Reading »

Introducing Guest Blogger David J. Abeshouse

April 20th, 2011 Drafting Arbitration Agreements, Guest Posts Comments Off on Introducing Guest Blogger David J. Abeshouse

Today’s guest blogger, David J. Abeshouse, is a Long Island based B-2-B litigator, American Arbitration Association (“AAA”) arbitrator, and mediator.  David and I are good friends and members of the Attorney Roundtable, a networking group that features some leading Long Island based practitioners in a number of different practice areas, all of whom practice solo or in small, boutique firms.  David is one of the founding members of the group.  He’s also an accomplished clarinet player and a former professional musician. 

David’s legal and alternative dispute resolution (“ADR”) practice focuses on litigations, arbitrations and mediations involving small and medium-sized businesses and professional practices.  Because he serves not only as an advocate, but also as a neutral decision maker and settlement facilitator, he has a broad-based, well-rounded perspective on — and unique insights about —  commercial disputes.  You can read more about David’s practice and background here.

David and I share many of the same views on key issues pertinent to B-2-B ADR and litigation.  We both believe that the parties are architects of their own dispute resolution destiny, and, if they wish to take advantage of the many benefits that B-2-B arbitration and mediation can offer, then it is incumbent upon them to take a proactive role in structuring the process in a manner that advances their business interests.  That is true whether the party is a large global insurer or reinsurer, a medium-sized financial service company or retail concern, or a small closely-held company or professional practice doing mostly local business.  Most large companies, and many medium-sized ones, know this and their sophisticated, in-house legal departments often devote substantial time and money into educating themselves about ADR and ensuring that their business contracts, including their ADR-related ones, are as carefully designed and well drafted. 

Smaller companies do not always have in-house the resources to prepare for and deal with disputes, even though disputes are one of the unfortunate realities of doing business.  And while the frequency and number of disputes small companies must handle is generally low, their severity can be quite high — even fatal. 

Dispute resolution and prevention is thus at least as important to smaller businesses as it is to large, multi-national companies.  Yet many smaller business devote few or no resources to dispute management.  

Sometimes this disparity in resource and risk allocation is a simple fact of economic life, including the law of large (and small) numbers.  In others it may evidence a conscious or unconscious decision to assume more risk than necessary or appropriate.  

Both David and I are experienced litigators who have seen firsthand the negative consequences that large, medium and small businesses can suffer as a result of poorly drafted contracts, including ADR-related contracts.  With the benefit of 20-20 hindsight we frequently wonder how it came to be that two business have found themselves in costly litigation or arbitration proceedings concerning a problem which might have been avoided had the parties more carefully drafted the contract or structured the transaction differently.  

This theme underscores David’s guest post, “Don’t Be Penny Wise and Pound Foolish with Contract Law,” which he originally published in the Basso on Business Blog.  Consider it recommended reading for those who own or work for small businesses. 

David has written two other, related articles that we will feature in the not-too-distant future, so stay tuned.

Revisiting State Regulation of Mediators

January 29th, 2011 Mediation Comments Off on Revisiting State Regulation of Mediators

The Winter 2010-2011 edition of NE-ACR News, the newsletter of the New England Chapter of the Association for Conflict Resolution (“NE-ACR”), contains a number of excellent articles concerning the sometimes controversial topic of mediator certification,  including an article I wrote entitled, “Should States Regulate the Mediation Profession?”  I argue that “proponents of state licensure [of mediators] should be careful what they wish for,” and explain why that is so.  The article appears on page one of the newsletter, which you can read here. 

The article expands upon and refines some of the arguments I made in a July 30, 2009 post entitled, Should the States Certify and Regulate Mediators?  It also argues that state licensure of mediators would likely target non-lawyer members of the profession, and points out three reasons why that would harm both the public and the profession. 

I would like to thank Louisa Williams, President-elect and Board Member of NE-ACR — and editor of NE-ACR News — whose skilled and thoughtful editorial comments and guidance were not only invaluable, but much appreciated.   I would also like to thank Diane Levin, a noted Massachusetts-based mediator and blogger, who was kind enough to recommend me to Louisa as a contributor to the Winter 2010-2011 issue.

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

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!

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

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

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

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!

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