Courts|Mediation

No Writing, No Settlement

Courts|Mediation

No Writing, No Settlement

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...

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Courts

Settlement Agreement Enforceable Through Classic Contract Analysis

Courts

Settlement Agreement Enforceable Through Classic Contract Analysis

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...

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International|Mediation

World Mediation Forum Meets in March 2011

International|Mediation

World Mediation Forum Meets in March 2011

Under the redoubtable leadership of its President Thierry Garby, the UIA World Mediation Forum will meet in Athens on March 11 and 12, 2011.  This collegial organization is an initiative of the Union International des Avocats, and the Athens gathering will be the 15th since the creation of the Forum....

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Conflict Resolution|International|systems design

ADR As Management Tool: Elite Organizations Hold Joint Conference

Conflict Resolution|International|systems design

ADR As Management Tool: Elite Organizations Hold Joint Conference

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....

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Conflict Resolution

A Judge Who Knows How To Do Business

Conflict Resolution

A Judge Who Knows How To Do Business

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...

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