The Ninth Circuit, and California courts in particular, have been very strict in maintaining the confidentiality and inadmissibility of statements made during mediation. Two recent cases have allowed such statements to be admitted, on interesting grounds. An Arizona District Court decision allowing mediation statements was affirmed by the Ninth Circuit...
Tag Archives: Mediation
Prof. Stacie Strong of the University of Missouri sends this notice: As some of you may know, the United Nations Commission on International Trade Law (UNCITRAL) has been holding its forty-seventh session in New York these last two weeks. During the meeting, the U.S. Department of State presented a proposal (click...
Andrew Olejnik of Jenner & Block and Olivier André of the CPR Institute have co-authored an article that appears in Bankruptcy Law Reporter on the growing use of ADR tools in bankruptcy. Dating the trend from a 2009 conference convened by the American Bankruptcy Institute Law Review, the authors conclude...
Straus Institute Academic Director Thomas Stipanowich reports: The Straus Institute recently conducted two major surveys of dispute resolution professionals: a survey of experienced arbitrators with the cooperation of the College of Commercial Arbitrators, and a survey of experienced mediators with the cooperation of the International Academy of Mediators. These studies produced...
Deborah Masucci, Chair of the International Mediation Institute, has sent around a forceful message asking the international mediation community to support initiatives to ensure that agreements reached during mediation have the status of enforceable contracts, in all jurisdictions around the world. The initiative resembles the effort 60 years ago to make...
We had previously noted the recent, extraordinarily ambitious and incisive report addressing the current state of the European Directive on ADR. We now hear from one of its authors, Prof. Giuseppe De Palo, of a conference on the topic in London, that is available worldwide by internet link. The announcement...
Our final report from the 2014 Spring Meeting of the ABA Dispute Resolution Section addresses Ellen Waldman of Thomas Jefferson School of Law and Lola Akin Ojelabi of La Trobe University in Australia's discussion of “Mediation Ethics and Substantive Justice: A View from Rawls’ Original Position.” The question is whether mediation...