Mediations are a collaborative, problem solving approach to resolving disputes. Lawyers and their clients want to have a successful mediation or they never would have agreed to the Alternative Dispute Resolution process. However, attorneys can, unintentionally, sabotage the process by
Carmody ADR Blog
Insight Into Alternative Dispute Resolution
Latest from Carmody ADR Blog - Page 2
Congratulations to Chuck Stohler!
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…
Welcome to the World of Virtual Med-Arb in Connecticut
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…
Mediation in the Criminal Justice System
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…
U.S. Supreme Court Settles It
“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…
Mediation Settlement Morphs into an Arbitration Award
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…
Be an Educated Consumer when Selecting a Mediator
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…
Role of the Attorney in a Mediation
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…
U.S. Supreme Court to Decide Important Employment Arbitration Issue
In three cases pending before the United States Supreme Court in the upcoming term, the Court will address whether employees can be forced to arbitrate class action employment law claims. The three cases, involving Murphy Oil, Epic Systems and Ernst…
Judicial Review of Arbitration Awards
In a very noteworthy decision, the Connecticut Supreme Court recently reiterated its long-standing support for arbitration and the great deference it ordinarily gives to the factual and legal determinations of the arbitrators. In Kellogg v. Middlesex Mutual Assurance Company (326…