Carmody ADR Blog

Insight Into Alternative Dispute Resolution

Congratulations to Attorney Chuck Stohler, who was appointed as a Special Master by Connecticut federal court Judge Janet B. Arterton in a nationwide wage and hour class and collective action case pending in Connecticut.  Chuck was selected over several others for this position. Chuck is the lead partner in Carmody’s Labor and Employment Practice and his employment law experience spans more than 35 years. At the request of numerous parties, Chuck’s practice has focused on…
Effective January 2, 2019, the Judicial Branch of the State of Connecticut has formally entered the world of virtual mediation with the introduction of a pilot in the Judicial Districts of Hartford and New Haven to help resolve contract collection cases.  More accurately, it has entered the world of Online Dispute Resolution (“ODR”).  ODR started in the mid-1990s to primarily address e-commerce disputes.  Its potential universality has gained popularity ever since. It is viewed as…
With increasing frequency, Mediation is being utilized to resolve civil disputes.  The reluctance of parties and attorneys to utilize the services of a neutral third party to facilitate settlement negotiations is slowly fading away and mediation is becoming an accepted part of the administration of civil disputes.  As mediation has become more acceptable, the dialogue has failed to recognize the benefits of using mediation techniques is equally valid when applied to  the criminal justice system.…
“Should employees and employers be allowed to agree that any disputes between them will be resolved through one-on-one arbitration? Or should employees always be permitted to bring their claims in class or collective actions, no matter what they agreed with their employers?” These are the questions that the U.S. Supreme Court answered in the decision published May 21, 2018 in the consolidated cases of Epic Systems Corporations v. Jacob Lewis, Ernest & Young LLP et…
It is not uncommon that after a long day mediating a dispute, the parties finally come to a resolution.  It is also not uncommon that the parties’ Memorandum of Settlement expressly provides that the same mediator resolve any lingering issues to finalize the parties’ settlement. A very interesting decision from the Maine Supreme Court illustrates the risks presented by this provision and the unintended consequences when the parties rely upon the mediator to not only…
As the popularity of mediation increases, it becomes increasingly important for mediation advocates to know what they are getting into. No single mediator or mediation session is the same as another. The flexibility of mediation is one of its strengths because for every dispute, there will be a variety of mediation alternatives. The only uniformity is the certainty that a skilled mediator will produce a settlement. It is incumbent upon the mediation advocate to recognize…
In a recent article entitled Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation (https://www.mediate.com/articles/PressmanA1.cfm) noted mediator Arthur Pressman details the different roles available to attorneys in mediation. He compares the popular US-style mediation to what he calls the “international-style” mediation in Europe. At the Vienna IBA/VIAC Joint Mediation Competition (VIAC is the Vienna International Arbitral Centre) he observed the “International Style” where each attorney simply served as an advisor to the…