Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting...more
An essential element of a successful mediation is confidentiality. Participants to a mediation must be able to rely on the confidentiality of the process if they are going to be candid with the mediator about their settlement...more
Corporate counsel—under seemingly never-ending pressure to contain costs—have a wide array of dispute resolution tools available to them, including negotiation, mediation, arbitration and litigation. There are other devices,...more
Companies doing business globally have a variety of complex issues to deal with, not the least of which is concern about the security of personal data collected from their customers.
In 1995, the European Union issued...more
Much has been written in recent years about whether arbitration has lived up to its billing as a “better, faster, cheaper” alternative to litigation. No matter one’s views about this, litigation is undoubtedly very costly,...more
One of the fundamental tenets of arbitration is finality. Parties who choose arbitration over litigation typically want assurance that when an award has been issued, the matter is concluded. As a result, the Federal...more