As litigation becomes more expensive, clients look to more cost-effective means of resolving their disputes. This requires an evaluation of alternative dispute resolution, otherwise known as ADR. Alternative dispute resolution includes non-court alternatives such as negotiations, mediations, arbitrations, mini trials, and early neutral evaluation. Courts have recognized the benefits of ADR in virtually every court in the state. The federal courts have also adopted ADR programs.
International Commercial Arbitration, the chosen basis of the annual Willem Vis Moot, is arguably not au fond a process at law. It is quite simply the performance of an agreement between two parties to have a chosen third party hear and determine some difference between them.
Let's consider what makes this time slightly different than previous times of unrest. The essential facts are that most Americans are suffering through the deepest economic depression since the 1930s. We barely avoided a complete economic collapse and may still see an economic collapse if the euro fails.
I am reading The Truth About Camp David: The Untold Story about the Collapse of the Middle East Peace Process by Clayton Swisher. This is a modern history of the events in the Clinton administration from 1999 to 2000 concerning US attempts to mediate peace between Israel and Syria and Israel and the Palestinians.
We have all experienced levels of anger and levels of fear in mediation, and we have witnessed our clients in fear and in anger.