In Heaven & Earth, Inc. v. Wyman Properties Limited Partnership, No. Civ. 03-3327, 2004 WL 2931347 (D. Minn., November 4, 2004), the appellate court enforced a handwritten mediated settlement of lease extension by night club against challenge that parties’ failure to reach full agreement on limitations and notice requirements for sound checks was a missing essential element that precluded enforcement.
For the past decade, as part of the annual Minnesota State Bar Association ADR Institute, Hamline Professor James Coben has been producing short videos illustrating mediation litigation. Mediate.com is proud to now assist in the further distribution of these exceptional teaching and learning resources.
This enactment may portray “less than optimal” mediator performance. Rest assured that you are not at risk by hiring any of the ADR Institute Players as neutrals (or lawyers), despite what you see on the tape. The videos are fictional reenactments of the mediations underlying the published litigated cases.
Late last week, the Second Circuit affirmed a denial of a vacatur motion in the context of a $400 million FINRA arbitration award. In STMicroelectronics, N.V. v. Credit Suisse Securities...By Jill Gross
Joseph Folger talks about the differing perspectives on the purpose of mediation within the field and the roots of these different ideological orientations.By Joseph P. Folger