News & Analysis as of

Mediation Decision-Makers Need “Decision-Quality Information”

The decision on when to mediate is an important one. Indeed, one of the most common reasons why cases do not settle is because the parties tried to mediate too early in the dispute process. When is the right time to mediate?...more

Mediation - Settler's Remorse

It is not unusual for one of the parties to a mediated settlement to change their mind a few days or even weeks after a settlement has been negotiated at mediation. This situation is known as “settler’s remorse”....more

The Jury is Still Out On The Effectiveness Of The “Calderon Process”

The State of California implemented the “Calderon Process” almost two decades ago. The hope was this pre-litigation “mediation” process would lower the cost, and increase the likelihood of early settlement, of construction...more

EEOC Sues Kone for Retaliation and Breach of Mediation Agreement

Elevator Manufacturer Refused to Rehire Applicant in Retaliation for a Previous Discrimination Complaint, Federal Agency Charges - MEMPHIS, Tenn. - Kone, Inc., a manufacturer and servicer of elevators and escalators,...more

It’s the Mediator’s Form Agreement—Not Yours

Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the...more

Fatigue, Distress, And Second Thoughts Not Enough To Void A Mediated Settlement Agreement [Florida]

Most will and trust disputes in Florida involve at least one mediation attempt – either by order of the trial court or agreement of the parties. Such mediations usually begin in the morning, and often do not wind-up until the...more

How to avoid impasse in settlement negotiations

Mediation is a facilitated negotiation that enables parties to explore settlement in a confidential setting. A successful mediation requires preparation and an understanding of the process so as to avoid impasse, the...more

Enforcing Confidential Mediation Settlements

It’s the morning of your big mediation and you are fully prepared to resolve your case without sacrificing key positions. You and your attorney have set your expectations as to what will happen, who will speak, what the...more

NJ Supreme Court Holds That Settlements Through Mediation Must Be Put In Writing

The New Jersey Supreme Court has held that “if the parties to mediation reach an agreement to resolve their dispute, the terms of that settlement must be reduced to writing and signed by the parties before the mediation comes...more

Practical Considerations for Post-Trial and Appellate Mediations

THE TRIAL IS OVER. The jury has just returned a verdict either for or against your client. Or maybe the judge has granted a motion for summary judgment. The parties mediated the case before trial without success. An appeal is...more

Mediation 101: Be a Prepared Participant So You Win Your Mediation

That’s right – the title suggests you can win in mediation even though many say that you will walk away from a settlement either angry or disappointed. With proper preparation you, the client, can leave mediation feeling like...more

Recent Developments in Tax Related Matters

June and July, 2013 have born a number of new developments relating to tax related matters. This article is designed to provide a synopsis of those that might be of interest to PK Law readers...more

Massachusetts Department of Revenue and Appellate Tax Board Look to Expand Tax Dispute Mediation Programs

The Massachusetts Department of Revenue has indicated it is looking to expand taxpayer eligibility for its early mediation program for expedited settlement of tax disputes by including taxpayers with smaller proposed tax...more

Whether and when to mediate employment disputes -- Effective mediation can keep companies focused on the marketplace, not the...

Too often the work of in-house counsel resembles the triage department of a hospital emergency room: Attend to the most immediate crisis and hope the routine complaints quiet themselves with the passage of time. Whether and...more

IP: Three things to know about mediating licensing disputes - Follow these tips to have the best opportunity for settlement in IP...

The number of IP disputes resolved in mediation has continued to increase as more attorneys make efforts to find a speedy resolution and cut litigation time and cost for their clients. Only a small percentage of costly patent...more

A New Approach to Dispense With Disputes

Business owners grudgingly accept lawsuits as a part of doing business. If you’re doing what it takes to advance your business, you will suffer the bumps and bruises that will result in your name on a legal pleading. You may...more

Former Employee’s Facebook Post About Settlement Breached Confidentiality Provision In Settlement Agreement: Tribunal Reduced...

Trish-Ann Tremblay had entered into a settlement agreement with her former employer, 1168531 Ontario Inc., on September 13, 2011, with respect to the Human Rights Application she had filed against 1168531 Ontario Inc.. The...more

Can’t we all just get along? Mediation and settlement of the construction lawsuit (Law & Order: Hard Hat files Part 7)

Today, part 7 of our series on the Construction Lawsuit, Law & Order: Hard Hat files. At some point during the lawsuit (usually, but not always, after expert reports are produced), your lawyer may tell you the case is...more

Revisiting Mediators’ Proposals After Bowers v. Lucia: What Litigants Can Do To “De-Fuzzify” The Mediation Process

As sophisticated litigants are increasingly turning to alternative dispute resolution (ADR) to resolve their legal disputes, California legal practitioners are seeing more variations on traditional mediation. This article...more

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