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Mediator’s proposals: god’s gift to mediation, or a betrayal?

Once upon a time some 35 years ago, mediation was talked about in the United States as a tool to cure dissatisfactions with the civil justice system. The great early teachers and scholars of mediation -- Frank Sanders,...more

12/12/2014 - Mediation

Mediation Briefs: Do’s and Don’ts

Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs. Do remember that the mediation session will likely be the last day of your case. Treat the event with the...more

9/11/2014 - Mediation

Mediation Tips: Bidding against Yourself—For Fun and Profit

Without a doubt, the words mediators most often hear from counsel are “I won’t bid against myself.” This phrase is engraved as immutable law in the hearts and minds of virtually all counsel who come to mediation. By this,...more

6/3/2014 - Mediation

Think there's fruit in your Froot Loops?

Does Frosted Mini-Wheats cereal improve a child's attentiveness in school? Do fruit Roll-Ups and Fruit by the Foot have to contain real fruit? Would a reasonable consumer expect Cap'n Crunch with Crunchberries cereal to...more

11/12/2013 - Class Action False Advertising Food Labeling Mediation

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