Alternative Dispute Resolution Publications
While the Golden Globes may not have honored the genius of Stephen Spielberg's direction of the movie Lincoln, I hope and believe the Oscar voters will. As anyone who has a feel for history will, I think, agree, Lincoln is a uniquely moving portrait of Abraham Lincoln and the late part of the Civil War.
Much of Spielberg's movie is based on Team of Rivals: The Political Genius of Abraham Lincoln, the wonderfully researched and written book by Doris Kearns Goodwin.
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Circuit finally issued a decision in the PCS Nitrogen v Ashley II of Charleston, 2013 U.S. App. LEXIS 6815 (4th Cir. 4/4/13) case.
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Federal agencies have yet again been directed to use Alternative Dispute Resolution (ADR) techniques to resolve disputes. This time the Acting Director of the Office of Management and Budget and the Chair of the Council on Environmental Quality have directed relevant departments and agencies to "increase the appropriate and effective use of third-party assisted environmental collaboration as well as environmental conflict resolution to resolve problems and conflicts that arise in the context of environmental, public lands, or natural resources issues, including matters related to energy, transportation, and water and land management.
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The NHL players and owners finally appear to be making progress towards a collective bargaining agreement. Although no formal agreement, public reports indicate that the two sides are having meaningful and productive discussions around many of the critical issues. You might be surprised, though, that this was not thanks to Gary Bettman or Donald Fehr, the lead negotiators for management and the union respectively.
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As the NHL lockout reaches its 10th week, it is hard from the outside to see any progress. Both the All-Star game and the Winter Classic have been cancelled and the two sides seem just as far apart as they were three months ago.
But one recent development which should delight hockey fans and ADR professionals alike is that the owners and players have finally agreed to mediation. Both sides have agreed that ongoing negotiations will be conducted under the auspices of mediators from the Federal Mediation and Conciliation Service.
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The Maryland legislature recently passed the Maryland Mediation Confidentiality Act that took effect on October 1, 2012. It created a new subtitle 18 of Article 3, Courts and Judicial Proceedings of the Annotated Code of Maryland.
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The internet is a great tool for all legal professionals, including mediators. Between the information available online and the ease in sharing information, it is almost impossible to imagine a world without the internet.
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On Nov. 1, 2012 the Court of Appeals of Maryland adopted a rules order including changes to Title 17, governing the provision of Alternative Dispute Resolution (ADR) services in all court ordered cases in Maryland.
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I recently wrote about Delaware statute that allows Chancery Court judges to sit as private arbitrators having been found to be unconstitutional by U.S. District Court Judge Mary McLaughlin of the District of Delaware.
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Does this heading get your attention? Because it is true, even if the statute allowing this was not designed to produce this outcome.
The strict California mediation confidentiality statute allows this outcome, according to the California Court of Appeals, the second such decision upholding the absolute ban on disclosure of any information if it originated in mediation.
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