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Archives for April 2022
2022 Virtual Arbitration Report to CCA
In connection with a presentation by a panel of CCA Fellows at the Spring Meeting of the ABA Dispute Resolution Section, the College surveyed its membership seeking the individual and collective experiences and opinions of the Fellows regarding arbitrations conducted in whole or in part through remote video technology (‘virtual arbitrations’). This is a preliminary summary of the results of that survey. (April 2022) *The views expressed are those of the author and do not necessarily …
The Many Good Things About Commercial Arbitration
Recently, the Washington Post published a story that referenced the concept of “negative memories.” The story noted that humans tend to notice the negative more than the positive and are more likely to remember negative experiences versus the positive. This story resonated with me, primarily because I have recently received reports or examples of public criticism of the arbitration process. For example, the Miami Dolphins NFL football team demanded claims by former coach Brian …
CCA Fellows Know About Mockingbirds and Other important Things
Fellows of the College of Commercial Arbitrators are knowledgeable and highly skilled, and that arbitration parties and their advocates routinely entrust College Fellows with their most important disputes. A recent public report of an arbitration award issued by College Fellow Richard H. Silberberg provides a case in point. We are all familiar with the famous novel, To Kill a Mockingbird, written by Harper Lee, which was developed into an Academy Award-winning motion picture starring …
Improving the Arbitration Process Using a CCA Process Facilitator
Many members of the College of Commercial Arbitrators are successful mediators as well as arbitrators. As mediators they can function concurrently as Process Facilitators (“PFs”) during an arbitration to help the parties prepare for an efficient arbitration. As PFs, they are not participating in a Med/Arb process where the same person is both a mediator and an arbitrator. As separately hired mediators, the PFs can talk with parties confidentially, and help the parties use efficient collaborative …