Football fairness: Lessons for ADR?

   Joe Basta “It’s not fair!” How many times have mediators and negotiators heard that refrain? Whether from the mouth of the negotiator across the table or the politician seeking higher taxes, everyone wants their “fair share.” But what is ‘”fairness” anyway? Is...

Are they crazy? No, just human!

  Richard L. Hurford In last month’s ADR Spotlight, my PREMI colleague, Laura Athens, authored an incredibly insightful and important article on the psychology of conflict and how litigants process information when in conflict.  As this discussion goes to the heart of...

Lessons from History

  Lee Hornberger Introduction The Destruction of the Bismarck,[1] Hell in a Very Small Place: The Siege of Dien Bien Phu,[2] and Vietnam: A History [3] are three books that I read yearly. Bismarck explains how Great Britain, with some confidential background American...

Pre-Hearing Third Party Discovery in Arbitration

  By William D. Gilbride Jr. Published: ADR Spotlight October 2020 What is the authority of an arbitrator to issue third-party subpoenas for the pre-hearing production of documents and to compel deposition testimony in a matter where the parties’ inter se arbitration...