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Articles by Linda Gerstel
Lawyers as Facilitators: If Not Now, When?
Lawyers and neutrals have many skills that translate to part of the ADR spectrum that has often been ignored—facilitation. Many lawyers and neutrals are not familiar with how skills of a facilitator differ from those of a mediator. Often the adjective “facilitative” is used simply to distinguish between styles of mediation- evaluative, facilitative, or transformative.
Life Sciences and Cannabis Arbitrations: Reaching New Highs
Analysis Prescriptions for not getting burnt. Linda Gerstel Arbitration in life science and cannabis sectors both domestically and internationally have reached new highs. The AAA 2019 Annual Report indicates that the largest claim by industry was in life sciences with a claim of $1 billion, whereas the cannabis sector represented the largest increases in caseload by industry at 225%. www.adr.org.
Mandatory Mediation of Riot-Related Insurance Claims
Expert Opinion Mandatory mediation is now the law in New York modeled on the Super-Storm Sandy prototype . Will it achieve the same success as past mass disaster mandatory mediation programs?
Don’t Let a Crisis Go to Waste: Time To Explore Expansion of ODR for ADR
Linda Gerstel There has never been a better time to experiment both in the courts and in the private sector to expand the use of Online Dispute Resolution (ODR) for ADR. Courts and private ADR providers will soon be facing a deluge of coronavirus claims that will require a need to reevaluate even earlier successful mass disaster models that American Arbitration Association’s (AAA) administered in the wake of Hurricanes like Sandy, Katrina, Rita and Andrew.
Is It a New Era for Arbitrator’s Disclosures for Repeat Players?
Linda Gerstel Sufficiency of arbitrator disclosures in repeat player matters have been given a renewed focus by U.S. courts, international arbitral institutions and trade organizations involved in dispute resolution. There is a growing willingness by courts to vacate arbitration awards based upon insufficient disclosures in “repeat player” cases, often implicating franchise, finance and insurance industries as well as dispute resolution trade organizations.
From Jay-Z to RBG: Demanding Diversity in ADR
Linda Gerstel Arbitration is under fire again. In the past few years, questions about its fairness focused on consumer and class actions. 2018 will be remembered as the year Jay-Z forced a media spotlight on the lack of diversity in Alternative Dispute Resolution (ADR). Jay-Z’s complaint drives home the fact that meaningful change on this front depends on clients and their lawyers—the ultimate selectors, the purchasers of arbitration services.
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