The Skills of Civil Discourse: What Mediators Have to Share This Thanksgiving
by Andrew Flake
Earlier this month, I had the privilege of joining colleagues at Atlanta's Carter Center to moderate a program on "Peacekeeping and Conflict Resolution." Sponsored by our Atlanta International Arbitration Society, it featured a discussion by scholar Paul Root Wolpe, Ph.D., who has...
Generative AI in Mediation: Ethical Considerations
by Andrew Flake
The pace of development of GenAI, powered by vast amounts of energy and chips specially configured to support the huge amounts of data they analyze, has been astounding. These technologies are already reshaping the way dispute resolution professionals approach dispute resolution, offering new potential...
Notes from Berlin: U.S. Hospitality in International Arbitration
by Andrew Flake
I had the opportunity to join colleagues last week at the excellent Berlin Dispute Resolution Days, an annual week of dispute-resolution programming put on by the German Ministry of Justice and the German Arbitration Institute (DIS).
I was...
Georgia Court of Appeals Takes a Pass on “Functus Officio” as State Common Law
by Andrew Flake
A neighbor of mine, who loves to cook, recently showed me what looked like a small handheld blowtorch. He clicked a trigger, firing up a flame like a tiny jet engine, and proudly sharing that he could now melt and caramelize sugar, in order...
No Sovereign Immunity in Nigerian Trade Zone Dispute; D.C. Circuit Affirms New York Convention Applies to Broad Range of Investor-State Arbitral Awards
by Andrew Flake
When does a foreign government, under its commerce-related treaties, move from acting as a sovereign to acting as a business partner in a deal, thereby submitting to arbitration of claims by private parties involved in the deal?
Another Lock Sealed: Second Circuit Applies ZF Automotive to Foreclose Section 1782 Discovery in ICSID Arbitration
by Andrew Flake
In an earlier post on the ZF Automotive decision, I projected that there was some "play in the joints" for arguing over whether certain tribunals would be considered "foreign or international, but that "for now, we know private commercial arbitration — and even...
Safely Navigating Blind Spots in Litigation: Using Powerful Questions
by Andrew Flake
Over the past few weeks, I've been giving up a large measure of control, embracing the process of change in a fluid, highly-unpredictable, and high-stakes environment: Yes, I've been teaching my teenager to drive. And one of the first scenarios we went through was...
Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate
by Andrew Flake
Clash of the forums: Two parties to a contract, an arbitration clause, and a dispute over the breadth of the clause. When the plaintiff files its complaint in court, intending to move forward with litigation, the defendant counters with a motion to compel arbitration.
Mediation Math — The Power of Combinations
by Andrew Flake
As mediators, we often find ourselves at the intersection of complex disputes and seemingly irreconcilable positions. But what if I told you that one of the keys to unlocking creative settlements lies in a simple middle school math concept – combinations? Both of my...
Sixth Circuit Revisits “Closely Related” Doctrine in Forum Selection Disputes
by Andrew Flake
For commercial parties entering into a contract, the opportunity to select where a dispute will be heard is an advantage. Thus it is, in a contract entered into before a dispute arises, we have forum-selection clauses in favor of a particular location and court,...