Mediation

News & Analysis as of

Senator Allain Proposes Mandatory Mediation in Legacy Lawsuits

Legacy litigation refers to hundreds of lawsuits in Louisiana seeking damages allegedly related to environmental harm caused by oil and gas exploration and production activities. These lawsuits have been likened to winning...more

Want To Improve Your Mediation Success? It's As Simple As Picking The Right Pair Of Shoes

What does getting better mediation results have to do with picking the right pair of shoes? Let me explain. If you have practiced long enough, you probably have a go-to mediator. Why? Because like your favorite pair of...more

Real Property, Financial Services & Title Insurance Update: Week Ending April 10, 2015

REAL PROPERTY UPDATE - Foreclosure/Mediation: trial court erred in compelling borrowers to produce financial information at mediation not relevant pre-foreclosure judgment – Morejon v. F&M Real, Inc., No. 2D14-2531...more

Minimizing the Litigation Risk with Mediation

Litigation is defined in numerous dictionaries in various ways. One definition is “The legal process of spending a lot of time, effort and money in court proceedings which may or may not resolve a dispute between two or more...more

Mediation: Confidentiality and Enforceability

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

Should any business sign a contract that includes an arbitration clause? [Video]

Should any business sign a contract that includes an arbitration clause? Panel discussion featuring Jeffrey Lewis....more

Joint Sessions: Are Lawyers Right to Hate Them?

Mention holding a joint session and you are sure to provoke an argument between mediators and teachers of mediation on one side and lawyers who represent clients in mediations on the other. That dichotomy is not wholly...more

Mediation Confidentiality Statute Bars Malpractice Claim Where Breach Allegedly Occurred During Mediation

In Amis v. Greenberg Traurig LLP (No. B248447 - filed March 18, 2015), Division Three of the Second District Court of Appeal held that a malpractice plaintiff cannot circumvent mediation confidentiality by advancing...more

The Future of Mediation

It is impossible to talk about the future, present or past of mediation without putting some sort of definition to that term. Clearly, mediation as dispute resolution has been around as long as disputes. When defined as a...more

The Managed Mediation of a Payor-Provider Health Care Dispute

In the health care industry, payors and providers often have claims for both underpayment and overpayment arising from ongoing contracts or other health care services rendered. When claims arise between a payor and a...more

Construction Law Developments in 2015 Colorado Legislative Session

In the first two months of its 2015 session, the Colorado General Assembly has introduced two bills that could have a significant impact on construction law in Colorado....more

Mediation Confidentiality Bars Malpractice Claim but for How Long?

The California Court of Appeal yesterday upheld application of the mediation confidentiality statutes to bar a malpractice action which was based on the attorneys’ actions during mediation. John Amis vs. Greenberg Traurig...more

California Court Again Reinforces Mediation Confidentiality Hindering a Client’s Ability to Sue His Lawyers!

Woodland hills personal injury lawyer Barry P. Goldberg encourages mediation in almost every case he handles. In California, what is said and communicated in the mediation context is privileged and cannot be used in...more

Under Construction - March 2015

Welcome to the spring edition of our Under Construction newsletter. There have been some interesting legal changes that have taken place recently with the potential to significantly impact the construction...more

Is the Facilitative Approach Useful in Mediating Commercial Disputes?

Mediators typically attempt to settle cases by applying one of two approaches: facilitation or evaluation. Commercial litigators may be surprised to learn that the vast majority of disputes are resolved using the facilitative...more

Dispute Resolution in the Middle East - A Year in Perspective

2014 proved to be yet another transformative one for dispute resolution in the Middle East, as key business centres across the region made further, convincing strides towards cementing their reputation as robust jurisdictions...more

Do We Need a New York Convention for Mediation/Conciliation?

The 1958 United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) is viewed by many as one of the most (if not the most) successful commercial treaties to which the United...more

Make the Most of Your Mediation: Seal the Deal

It sometimes happens that, despite the best efforts of all participants, negotiations grind to a stubborn halt and disappointment sets in. Before packing your bags, ask yourself these five questions. Your answer might be just...more

Fundamental Characteristics of a Successful Mediated Settlement Agreement

After more than a dozen hours of tense and tiring mediation, the parties finally reach agreement. No one is happy but everyone is relieved, and now they want to go home. ...more

Arbitration & Mediation: Know the Basics (Part 1 of 3)

Most of you know arbitration and mediation as two different kinds of alternative dispute resolution. Some of you have even participated in one or perhaps both. But what exactly are they? How do they differ? And which one is...more

Moving From Preparation To Negotiation – How To Cause Failure In Mediation – Part 2

A previous post on this topic listed several actions by parties and counsel that can derail even the most straightforward mediation. This post continues that list. Allowing someone with a separate agenda to influence...more

Mediation at an Impasse: Attorneys’ Fees near $700K in Jacksonville Beach Case

Late last year, a federal court in Florida issued a decision in favor of Church of Our Savior, which wished to build a place of worship on Beach Boulevard (“Property”) in Jacksonville Beach, Florida....more

Mortgage Foreclosure Ordinances Preempted by Existing State Law

The Massachusetts Supreme Judicial Court (the “SJC”) recently decided that two mortgage foreclosure ordinances adopted by the City of Springfield were preempted by existing state law. In Easthampton Savings Bank v. City of...more

Florida Appellate Court: Open Meetings Law Applies to Collective Bargaining

In a crucial victory for transparency, a Florida state appeals court ruled that the state's open meetings law will not "condone hiding behind federal mediation" when municipal governments try "to thwart the requirements of...more

A Mediator’s Pleas(e)

As counsel, you have represented clients in hundreds of mediations. You have taken courses in the art (it certainly is not science) of mediation. Perhaps you even have served as a mediator. In your role as an advocate, you...more

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