News & Updates

Preventing Disputes: Not Just Resolving Them

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The following is a episode from the New Possibilities Tour Podcast, presented by Will Work For Food. https://www.youtube.com/watch?v=Uwvmv-oq8nM  
The Arbitration Conversation with Prof. Amy Schmitz

Episode 18 – The Arbitration Conversation

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Episode 18 - The Arbitration Conversation with Amy Schmitz :: PODCAST :: Listen  |  Download . In this episode, Professor Amy Schmitz interviews Joan Johnsen. Prof. Johnsen specializes in Alternative…
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The Case for Amending Section 7 of the Federal Arbitration Act

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Avenues for discovery under the FAA By Joan Stearns Johnsen – July 20, 2023  | Published by American Bar Association, Section of Litigation Commercial & Business Litigation Committee As the…
Saving clients money

Save Your Clients Money

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Advice from the Arbitration Providers American Arbitration Association talk  |  June 6, 2023 at noon EST Learn cost-saving procedures found within arbitration providers' rules and procedures to save your clients…

Joan Stearns Johnsen Receives CPR Award for Dispute Prevention Leadership

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New York, NY, 03.01.2023 PRESS RELEASE   The International Institute for Conflict Prevention and Resolution (CPR Institute), a global non-profit organization that helps others manage conflict so that they might…
Supreme Court - Section 1782

Practice Tips for Litigators Following the Supreme Court’s Decision in ZF Automotive v. Luxshare (142 S.Ct. 2078 (2022))

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ABA Litigation Section Commercial & Business Litigation Committee Alternative Dispute Resolution Committee Wednesday, April 12, 2023 9:00-10:00 AM PT | 10:00-11:00 AM MT | 11:00 AM-12:00 PM CT | 12:00-1:00…

Negotiation Skills & Strategies for Everyday Bargaining

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New York City Bar CLE Programs Thursday, March 16, 2023 | 12:00 pm – 1:00 pm Program Instructor: Joan Stearns Johnsen Senior Skills Professor, University of Florida, Levin College of…
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2023 CPR Annual Meeting

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Practical and Innovative Dispute Management Solutions March 1-3, 2023 • Four Seasons • New Orleans   CPR and leading ADR experts gathered from around the world in New Orleans for…

Dispute Prevention – The Emerging Mechanisms

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IBA Annual Conference Miami 2022, 30 Oct - 4 Nov Session Description The best disputes are those that don’t happen.  Our panel will discuss emerging mechanisms being employed in different…
Taking the initiative - Meet and Confer

How to Win the Meet and Confer in Arbitration

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Tips to help you succeed in arbitration. By Joan Stearns Johnsen | Published by American Bar Association |  December 13, 2021   All lawyers take civil procedure in law school.…
Value negotiations

Value Claiming in Mediation: Managing the Offers and Demands

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Careful attention to the initial opens, patterns of concession, and pacing will help you and your client achieve success in your mediations. By Joan Stearns Johnsen  |  Published by American…
Board Game with Rules

Back to Basics: The Difference Between Arbitration Procedure and Arbitration Law

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Knowing the difference will help you obtain a better outcome. By Joan Stearns Johnsen  |  October 29, 2021  |  Published by American Bar Association Lawyers primarily familiar with litigation in…

Winning at Mediation!

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Focusing on beating your adversary and “winning the mediation” rather than obtaining the best result for your client ignores the nature of negotiation—agreement is voluntary. By Joan Stearns Johnsen Published…
How deep is the water

Opening Statements in Mediation

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The objective of a mediation opening statement is not about the truth of what happened, but the risks of litigation. Published in Section of Litigation-Alternative Dispute Resolution Practice Points, February…
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Negotiation Advice: Who Should Open?

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The open is an important aspect of any negotiation, and it is wise to spend preparation time analyzing and considering your own preferred strategy as well as that of your…
Seven keys

7 Keys to Unlock Mediation’s Golden Age

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Video interview with Veronique Fraser and Joan Stearns Johnsen on Keys to Unlock Mediation's Golden Age .   Manon Schonewille interviews Veronique Fraser and Joan Stearns Johnsen on "7 Keys…
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Enhancing Women’s Skills in Dispute Resolution

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Groundbreaking Women in Construction August 25, 2020 Dispute avoidance and early dispute resolution are important legal strategies for which attorneys need well developed skills. This panel will enhance lawyers’ existing…
front-view-of-the-supreme-court-building

“Schein”-ing a Light on Circuit Splits — Non-Signatories, Delegation, and the Coming Battle Over Arbitration Discovery Under 28 U.S.C. § 1782

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A Houston, Miami, Seattle and Washington, D.C. Chapter Webinar Collaboration September 15, 20201:00 p.m. ET/10 a.m. PT Circuit court splits have caught the Supreme Court’s attention over the past year,…
firm-handshake

7th Key-Usage: Expand the Value of Mediation Into Deal-Making

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by Veronique Fraser, Joan Stearns Johnse   for Mediate.com | July 2020   Mediation takes many forms and has many facets. It is a malleable process that parties and neutrals…

Preparing For Your First Arbitration Pre Hearing Conference

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This is an audio presentation answering the questions: Is there a difference when preparing for litigating in court versus litigating in arbitration and do the forms of arbitration differ? What…
emails

How to Negotiate by Email

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What Should You Consider if You Plan to Negotiate By Email? As technology evolves, we evolve with it. Lawyers who once would not ever communicate by email now regularly conduct…
neuron paths

Why Your Arbitrator/Mediator Is Biased

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Yes, your arbitrator, your mediator, your judge, your jury is biased. Litigators seek an unbiased panel when what they should really do is to understand that no panel, or jury,…
The great portrait of Mona Lisa by Leonardo da Vinci is one of the most famous paintings in art history. The ambiguity of her expression, often described as enigmatic, is maybe due to her slightly bemused smile.

Evaluation in Mediation

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The conversation should change from whether a mediator’s style is evaluative or facilitative to how effective the mediator is. By Joan Stearns Johnsen  |   September 24, 2019  | Published by…