It is uncomfortable for all concerned when a party to a mediation disowns the "settlement" purported to have been reached and challenges the enforceability of the writing made at the mediation session. A previous post discussed a New Jersey case in which the mediator offered testimony as to whether there...
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Mediators are trained to detect subtle opportunities for value-adding integrative outcomes: separating positions from interests, offering out-of-the-box suggestions, and looking for ways that the parties can find mutual benefit. For me, that ended in an early-career EEOC mediation where the ADA claimant, having been offered every accommodation to her disability, refused to withdraw...
In preparation for next week's Annual Meeting of the American Bar Association, I have been delighted to get to know a group of judges who will be offering a program on Saturday afternoon, August 7, on the use of ADR in Business Courts. One of them, Judge Steven I Platt...
Many parties in mediation -- and many of their counsel -- consider that a "win" is a deal that gets them the number they asked for, or close to it. In fact that's not so, and a mediator provides important value to disputants by assisting them to determine, in a...
Giuseppe de Palo and I first met in 1999 or 2000, when I was bowled over the first time I learned about his work with The ADR Center in Rome. Since that time, every occasion I meet Giuseppe I am reminded what a powerhouse of talent, ambition, energy and aspiration...
I had written here in anticipation of the March 29, 2010, Joint Symposium on International Investment Law and ADR, held by UNCTAD and the Washington and Lee School of Law. It was a smashing and impressive success, due to the remarkable convening powers of hosts Susan D. Franck of Washington and...
Six former Attorneys General formed a panel at the ABA Annual Meeting in Chicago to share perspectives on what must be one of the most remarkable legal jobs in the world....