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Civil Mediation Articles
Archived Content:
Confidentiality |
Courts - Legal
- IRS Expands Its Appeals Mediation Program
- Australia Legislates More Mediation Muscle in Native Title Disputes
- Minnesota Court Enforces Settlement Agreement Which Stated It Was Binding, Despite Lack of Key Terms
- Wisconsin Court Sanctions Insurer for Failing to Send Representative to Mediation
- Long-Running Dispute over California Courthouse Construction Resolved in Mediation
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Confidentiality, Courts - Legal
11/20: Mediation is reducing forclosures read
11/18: Mediation: It's not just for pre-trial read
11/17: St. Louis diocese spends more on lawyers than victims read
11/12: Carrie Prejean New Spokesperson for Mediation Confidentiality - Video read
11/09: NZ: Mediation speeds up dispute resolution read
10/26: Speaker's Corner: Introduce mandatory mediation to Small Claims Court read
10/26: Litigants view mediation process as affordable option to settle cases quickly read
10/21: A Courtroom Brawler Who Later Advocated Compromise read
10/11: Mediate before you litigate, attorney urges read
9/29: United Kingdom: Advancing ADR In Personal Injury Claims read
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- Do You Tell Your Mediation Clients About Neuroscience? A Poll At Brains On Purpose
- Trial Lawyers' Dilemma Similar To Mediation Advocates' Dilemma: Making The Initial Demand
- Texas Supreme Court Compels Arbitration Of Employment Discrimination Claims
- The Why’s Have It: Teaching Curiosity For Effective Negotiation And Mediation
- 9 Year Old Mediator Could Teach Us All Something
- Why Do You Think They Call Them "War" Stories? A Meditation On Mediation Ethics
- Real-Time Online Video Meetings
- To Avoid A Claim For Malpractice, California Court Says Keep Your Mediator Present At All Times
- Intuition Or Counter-Intuition?
- Carrie Prejean And Mediation Confidentiality
- Ethics And Best Practices For Mediation Provider Organizations: 7 Years After Georgetown
- Prejean, Larry King And Hard Facts Making Bad Mediation Confidentiality Law
- The Death Of The Cookie-Cutter Mediator Is Nigh
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E-Mediation: Will I Be Replaced By Software? (10/05/09)
Phyllis Pollack As some of you know, I am the incoming president of the Southern California Mediation Association (“SCMA”). Before I take my oath of office, I must go through a rite of passage which is chairing the SCMA’s Annual Fall Conference. This year it will be held on Saturday, November 7, 2009 at Pepperdine University, Malibu, California.
Mediator Testifies For Insurance Carrier And Court Enforces Mediated Settlement Agreement Against Policyholder (10/05/09)
Victoria Pynchon This opinion -- Palmer v. State Farm - is wrong on so many levels that it's no surprise the appellate court ordered that it not be published. The opinion therefore controls only the fate of the parties to the case and cannot be cited as authority. The no-publication order does not, however, diminish my distress about the mediator's decision to file a declaration in support of State Farm's motion to enforce a formal settlement agreement that its insured refused to sign as contrary to the handwritten agreement drafted by the mediator during the mediation proceedings.
Apologies (9/28/09)
Phyllis Pollack Apologies are important in interpersonal relations. Just think about the emotional turmoil caused by a person who never apologizes, never says “I’m sorry.” Probably, that person will get called some rather ugly names.
Evaluative Neutrals And Mediator's Proposals (9/28/09)
Victoria Pynchon Let me begin with a radical proposition the expression of which my colleagues assure me will doom my mediation career.Ready? Attorneys and their clients do not know what type of mediation is best for them any more than they know how to cure their own cancer.
More Ways To Commit Legal Malpractice As A Mediation Advocate (9/21/09)
Victoria Pynchon If you didn't already understand how to protect your mediated settlement agreement from challenge, you do now.
But wait a minute! Is that what you want? What if your client entered into the agreement only because its opponent made a material misstatement of fact? What if one of your co-defendants challenges your settlement agreement as not having been made in good faith, thus exposing your client to potential liability for indemnity or contribution? Can you win the "good faith settlement" motion without the testimony of the participants in the mediation?
Mediating With Uncle Sam (9/21/09)
Phyllis Pollack My husband is a customs lawyer. He specializes in import-export law and international trade. Thus, for the most part, he represents importers who are at odds with U.S. Customs and Border Protection (“CBP”); that is, the U.S. Government. When the issue winds up in federal court, he is dealing with an Assistant U.S. Attorney or an attorney in the Department of Justice, Civil Division, Commercial Litigation Branch. Being a mediator, I always recommend that he use mediation to resolve his cases. His response is that he is dealing with the Government, and it does not mediate.
Securing The Court’s Continued Jurisdiction Over Settlements With Future Payments (9/14/09)
Elizabeth Moreno The payment of settlements in monthly installments over two or more years is common in this economic downturn. A mediator works hard on getting the parties to agree upon the dollar amount to settle the case, but defendant’s attorney comes up with a new condition. Payments have to be made over the next two years, because defendant does not have the ready cash to pay plaintiff within 30 days.
Lawyers & Mediators: Mediation Isn’t Mediation (9/14/09)
Jeff Bean Lawyers and mediators often mean different things when they say “mediation,” and they often don’t understand they mean different things. They have a common interest in understanding the difference: to serve a new client that demands both a consensus-oriented dispute resolution process and legal advice and representation.
Diplomatic Engagement To Settle Your Commercial Litigation (9/14/09)
Victoria Pynchon Today's New York Times Op-Ed piece on "diplomatic engagement" (Terms of Engagement) as a strategy for "chang[ing] [Iran's] perception of its own interests and realistic options and, hence, to modify its policies and its behavior," offers good strategic negotiation lessons for mediators and mediation advocates alike.
Truth Is Stranger Than Fiction (9/14/09)
Phyllis Pollack Late last year, I mediated a “family” dispute involving facts that were stranger than fiction. It seems that Jane Jones (fictional name) had a relationship with Joseph Smith (again, a fictional name). They had two children together, although they never married. They, then, went their separate ways.
The True Motivations of Plaintiffs in Bringing Medical Injury Lawsuits (9/14/09)
Steve Mehta Recently, I’ve been investigating the issues of the different parties perceptions in litigation and mediation. Oftentimes, you will hear phrases such as “this isn’t a lottery,” or “it’s really about the compensation to the family.” On many occasions, the attorneys for both sides will express that they believe the case is about money at the end of the day. However, during many mediations, I have felt that from the plaintiff/claimant’s perspective, it is often more about other things than the money.
(9/08/09)
Keith Seat
In the absence of prior agreement by the parties on how mediation costs were to be handled, U.K.’s Technology and Construction Court (TCC) concluded that a party who refused to appear at a mandatory mediation should bear the costs from late cancellation. The court found insufficient the party’s explanation about the futility of mediation in the absence of another entity.
Commercial Litigation Wire (July 2009)
Mediation Would Fail In Shylock’s Approach: The Exception Of Construction Revisited (9/07/09)
Chandana Jayalath Although the idea behind mediation is to facilitate the parties to resolve the dispute on their own terms, the tendency will be to fail mediation in construction unless the mediator actively intervenes in changing the dynamic of the conflict by contractual, financial and technical evaluations. The author contends that the key elements of mediation, such as neutrality and impartiality, can still be secured in construction mediation as long as the mediator does not step over the line into judgment.
The $475,000 Guess (9/07/09)
Phyllis Pollack On Sunday night (August 23, 2009), ABC TV aired the last prime time episode of “Who Wants To Be A Millionaire.” One of the contestants learned (and taught the rest of us) a valuable lesson in risk taking vs. risk aversion.
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