Mediation Confidentiality and its Jurisdictional Challenges

Mediation Confidentiality & 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 …

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Benefits of Mediation: Confidential & Convenient

What are the benefits of mediation? Often, mediation and meditation are confused. Potential customers and eager salesmen call one kind of office looking for the other service all the time.  Internet search engines bring up the wrong results, especially if there have not been prior similar searches, or the search was voice-activated. Mediation vs. Meditation …

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Second Circuit Arbitral Award: 2020 in Review (Part I of III)

By Hon. Henry Pitman (Ret.) Regardless of whether one is a proponent or opponent of mandatory arbitration clauses, they have become ubiquitous. According to a March 2015 study performed by the Consumer Financial Protection Bureau, 53% of credit card agreements and 99.9% of all mobile phone agreements contain mandatory arbitration provisions (Consumer Fin. Prot. Bureau, …

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Top 10 Best Arbitration Books Every Arbitrator Should Read

Best Arbitration Books

Arbitration is a process whereby impartial adjudicators – arbitrators, resolve a clash between individuals or groups. The decisions or the arbitral awards that the adjudicator arrives at, are final and binding on the parties. In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute. Whether you’re a student of dispute resolution, or the law, a practitioner, or a party to a dispute, there are plenty of books available to learn more about arbitration. 

Passing of the Torch RBG – Who Will Dissent?

Passing of the Torch Ginsberg

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 …

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Where to Start When You are Getting a Divorce

Where to Start When You are Getting a Divorce

When a marriage begins to break down, whether suddenly or over time, many considerations need to be addressed. On top of changing your private life, learning to take care of your children on your own, and moving and selling the marital home and property, the pair may need to navigate the court system for the …

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