We are all too familiar with settling parties who seek to relieve themselves of their settlement agreements. The Fifth District Court of Appeals in Dallas recently reversed a trial court that had permitted such a party to obtain testimony of opposing counsel's communications during the mediation that led to the...
The New York Times' November 18, 2010 edition featured a letter by Carl Schiffman of Queens, NY, that brought out concerns that many of us in the problem-solving profession have entertained, concerning the limitations of the mediator's role. He wrote: Mr. Obama's campaign vow to rise above partisanship was much more than mere talk;...
It is hard (we hope) to find exceptions to the general rule that statements made in mediation are inadmissible. However, Judge J. William Ditter of the U.S. District Court for the Eastern District of Pennsylvania has held that some party statements can be admissible -- such as statements to the effect...