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1. Introduction
2. Backdrop- U.S. litigation
3. The vanishing trial
4. Reasons for reduction in trial
5. E-discovery
6. Crisis in U.S. courts
7. Need for tailored approaches
8. Alternative dispute resolution (ADR)
9. Conflict resolution policies- fortune 1,000 (1997)
10. Conflict resolution policies of companies (2011)
11. Conflict resolution policies (1997 vs. 2011)
12. Principal reasons companies use ADR (2011)
13. Various ADR forms (1997 vs. 2011)
14. Mediation
15. Use of mediation (by type of dispute)
16. Arbitration vs. mediation
17. Use of arbitration (by type of dispute)
18. Comments from recent Fortune 1,000 survey
19. Mediation\arbitration use- commercial disputes
20. Mediation\arbitration use- employment disputes
21. Mediation\arbitration use- consumer disputes
22. Likelihood of future use of mediation
23. Likelihood of future use of arbitration
24. Lessons from the Fortune 1,000 surveys
25. Mediation- the heart of the quiet revolution
26. Potential benefits of mediation
27. Mediation in the quiet revolution
28. Using mediation - a manager's view
29. CPR corporate survey- results, satisfaction
30. CPR Survey- estimated savings
31. Mediation outcomes in relationship cases
32. Recent growth areas for mediation
33. Benefits of mediation in IP disputes
34. Mediation and global commerce
35. Opportunities & challenges for mediation worldwide
36. Five myths about mediation
37. Trends in mediation
38. Mediator as case manager
39. Arbitration may be the new litigation
40. Why choose binding arbitration
41. Expansion of binding arbitration over 20 years
42. Using binding arbitration in global transactions
43. Current pressures on U.S. arbitration
44. Choice is the basic element in arbitration (1)
45. Choice is the basic element in arbitration (2)
46. Using arbitration - a manager's view
47. Reasons companies do not use arbitration (1997)
48. Avoiding arbitration for commercial disputes
49. Addressing perceptions- lack of adherence to law
50. Addressing perceptions- lack of appeal
51. A provision for expanded judicial review-caution
52. Addressing perceptions- compromise
53. Addressing perception- costs and delays
54. Costs and delays- a manager's view
55. National summit - the future of arbitration (1)
56. National summit - the future of arbitration (2)
57. CCA protocols-quick, cheap commercial arbitration
58. Business users, in-house counsel
59. National summit - the future of arbitration (3)
60. Protocol for business users & in-house counsel
61. Public policy limits and the evolution of the FAA
62. Preemption of state law by federal law under FAA
63. Preemptive effect of FAA
64. Unconscionability
65. Arbitration gateway issues
66. Rent-A-Center, West, Inc. vs. Jackson
67. Enforcement issues- court vs. arbitration
68. Rent-A-Center- implications
69. AT&T Mobility LLC vs. Concepcion- class waiver
70. AT&T Mobility LLC vs. Concepcion- supreme court
71. Impact of recent court decisions
72. Congressional responses
73. Multi-step dispute resolution - hybrid process
74. Multi-step processes
75. Hybrid processes
76. Proactive conflict management
77. Growth of early conflict (case) assessment (ECA)
78. Possible elements of ECA
79. A program of early intervention & mediation- Toro
80. Real time approaches in business relationships
81. Unresolved conflict- disadvantages
82. Three models of real-time intervention
83. Conflict management: employee complaints
84. Managing workplace disputes program (2011)
85. Early neutral summary adjudication/evaluation
86. Modern examples of adjudication/evaluation
87. Patient-caregiver programs
88. Evolving roles for lawyers
89. ODR/infotech changes everything
90. Keys to effective conflict management
91. Obstacles to constructive conflict management
92. Changing your approach
93. Conflict management checklist
94. Sources

Topics Covered

• Crisis in U.S. litigation
• Vanishing trial
• Reasons for reduction in trial
• E-discovery concerns
• Cuts in court funding
• Need for tailored approaches to conflict resolution
• Landmark survey of corporate counsel
• Policies of Fortune 1,000 companies
• Reasons companies using ADR (alternative dispute resolution)
• Corporate experience with various forms of ADR
• Mediation
• Frequency of use of mediation for different kinds of disputes
• Mediation vs. arbitration
• Frequency of use of arbitration for different kinds of disputes
• Commercial mediation and arbitration
• Employment mediation and arbitration
• Consumer mediation and arbitration
• Likelihood of future corporate use of mediation and arbitration
• Lessons from recent survey
• Potential benefits of mediation
• Earlier studies of results, satisfaction with mediation
• Estimated savings with mediation
• Mediation outcomes in cases involving relationships
• Recent growth areas for mediation
• Mediation of intellectual property disputes
• Mediation of international commercial disputes
• Myths about mediation
• Trends in mediation
• Mediator as case manager
• Reasons businesses use arbitration
• Trends in arbitration
• International arbitration -Arbitration as a choice-based process
• Problems with companies not exercising choice options in arbitration
• Reasons companies do not use arbitration
• Addressing concerns about arbitration awards
• Concerns about lack of appeal in arbitration
• Appellate arbitration
• Contractually expanded judicial review of arbitration awards
• Concerns about arbitrator compromise
• Concerns about costs and delays in arbitration
• Share responsibility for costs and delays in arbitration
• Protocols for expeditious, cost-effective commercial arbitration
• Expanded use of arbitration in employment and consumer cases
• Public policy limits on arbitration
• Preemption of state law by federal arbitration law
• Unconscionability as a policing tool for courts
• Arbitrability issues
• Recent Supreme Court decisions
• Rent-A-Center, West v. Jackson
• AT&T Mobility v. Concepcion
• class action waivers and arbitration agreements
• Congressional responses to Supreme Court decisions on arbitration
• Multi-step dispute resolution processes
• Hybrid processes (med-arb)
• Early Case Assessment
• Real-time approaches to conflict in business relationships
• Workplace conflict resolution systems
• Early neutral evaluation
• Evolving dispute resolution roles for lawyers
• Impact of online dispute resolution and information technology
• Keys to effective conflict management
• Changing approaches for businesses and counsel
• Conflict management checklist

Links

Series:

• Negotiations and Bargaining

Categories:

• Management, Leadership & Organisation

Talk Citation

Publication History

• Published on November 5, 2013