What are Four Types of Out of Court Settlements?
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Confidentiality
Responding to the Types of Workplace Conflict
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Confidentiality
Mediation is a common and growing alternative to litigation in the business community and in the courts. Users choose it for a variety of reasons: it’s confidential, non-binding, less time consuming than litigation, less costly, provides parties with greater control over their own destiny, and greater process satisfaction. Nearly half of survey respondents cited confidentiality …
Arbitrating Employment Disputes
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UNCITRAL Arbitration Rules
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Mediation Confidentiality and its Jurisdictional Challenges
Any lawyer who has taken a case to mediation knows – at least in some vague, general way – that settlement discussions occurring during the mediation enjoy some level of confidentiality protection. Mediators themselves, of course, may have some greater understanding of what is and is not confidential during the mediation process, but even a …
Read moreMediation Confidentiality and its Jurisdictional Challenges
What is a Mandatory Settlement Conference?
Is a Mandatory Settlement Conference, a Mediation? How does it work? Is it confidential? What should you expect? Learn more from ADR Times.
Game Theory, Negotiation, and the “Black Box”
James F. Ring and some colleagues gave a fascinating talk at the recent ABA Dispute Resolution Section on Game Theory; Where it started was cutting a cake; Where it ended was cutting out the lawyers, at least by implication.
Passing of the Torch RBG – Who Will Dissent?
On Friday, September 18, Supreme Court Justice Ruth Bader Ginsburg passed away at age 87 (1933-2020). I was still working (remotely) when I heard the news. The group texts began to slowly roll in. The news alerts started popping up on my phone. A friend called and we commemorated the life of “Notorious RBG” and …
7 Proven Steps to Start Creating An Excellent Mediation Brief
Attorneys receive lots of training and spend countless hours practicing to prepare winning appellate briefs, arguments, and summary judgment motions. With that said, it’s important to also focus on mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.
