Courts|Mediation

Mediation Enforceability, Confidentiality and Waiver: A Heady Brew

Courts|Mediation

Mediation Enforceability, Confidentiality and Waiver: A Heady Brew

 Efforts to challenge the enforceability of settlements that are obtained through mediation almost always yield uncomfortable outcomes.  A recent New Jersey Appellate Division decision is no exception....

More

Europe|International|Mediation

UIA Mediation Forum Meets in Zagreb

Europe|International|Mediation

UIA Mediation Forum Meets in Zagreb

The 17th gathering of the World Forum of Mediation Centers was held under the auspices of the Union International des Avocats in Zagreb, Croatia, on October 5-6, 2012.  Mediators and Centers came from the U.S., Spain, Italy, India, Canada, Croatia, France, Netherlands, Czech Republic, Lebanon, Russia, the U.K., Slovenia, Germany,...

More

Arbitration

New Survey on International Arbitration — The Users' Perspective

Arbitration

New Survey on International Arbitration — The Users' Perspective

GE Oil & Gas attorney Michael McIlwrath has brought our attention to the recently released 2012 International Arbitration Survey: Current and Preferred Practices in the Arbitral Process.  This study, conducted by the School of International Arbitration at Queen Mary, University of London, and the firm of White & Case LLP,...

More

Arbitration|Courts

Second Circuit Affirms Sanctions for Avoiding Arbitration

Arbitration|Courts

Second Circuit Affirms Sanctions for Avoiding Arbitration

We recently noted an opinion in the District Court for the Southern District on New York, protecting the integrity of the arbitration process by sanctioning a party that had sought to vacate an arbitration award with no grounds whatsoever, except a desire to delay its effect.  Recently the Second Circuit...

More

Courts|Mediation

Defrauding Clients OK If Done During a Mediation

Courts|Mediation

Defrauding Clients OK If Done During a Mediation

Every now and then this blog features judicial opinions that interpret mediation confidentiality in seemingly odd ways.  The California Court of Appeals' August 3, 2012, opinion in Hadley et al. v. The Cochran Firm deserves a place in the pantheon. ...

More

Conflict Resolution|Negotiation|Teaching

Lande's Disconcertingly Excellent Book

Conflict Resolution|Negotiation|Teaching

Lande's Disconcertingly Excellent Book

It is a cause of dismay, in a way, that the ABA has published John Lande's superb book, Lawyering with Early Planned Negotiation: How You Can Get Good Results for Clients and Make Money.   More than a generation since Frank Sander espoused the "Multi-Door Courthouse," and Jim Henry founded CPR Institute,...

More