Recently this blog featured a post about a mediated settlement agreement that was enforced because it was memorialized in a written document containing the agreement's essential terms. Here we have the obverse: A case that was decided in the same month -- July 2010 -- in which a mediated settlement agreement was held unenforceable...
A reader has brought my attention an obituary that appears in today's New York Times. Eric Schmertz died on Saturday, December 18, 2010. His life, as summarized by Dennis Hevesi for the Times, is quite a lesson for dispute resolvers....
In July 2010, the United States District Court for the Southern District of Florida accepted the Report and Recommendation of Magistrate Judge John J. O'Sullivan that a mediation settlement agreement be enforced over the objections of the defendant. In so doing, the court engaged in an analysis that would be...
Collaboration -- a practice so often touted by the world's leading ADR organizations -- is too seldom practiced by those organizations themselves. Therefore it is with great pleasure that I note a conference in February being jointly conducted by the ICC and the CPR Institute....
Ben Tennille is Chief Judge of the North Carolina Business Court, and spoke last week to the American College of Business Court Judges on how he runs Case Management Conferences in order to encourage clients to focus on settlement of cases at an early stage. It was an instructive insight into...