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Mediation

921 published works

  1. Latham.London

    English High Court Confirms Mediation Can Be Condition Precedent to Litigation

    By Latham & Watkins

    By Eleanor M. Scogings English High Court stays litigation pending mediation. In Ohpen Operations UK Limited v. Invesco Fund Managers Limited,[i] the English court held that mediation was a condition…

  2. Bartlesville Law Blog

    Mediation in Oklahoma

    By Kyle Persaud

    You’re going to mediation. You wonder: What should I do? Mediation is a process where opposing parties meet together, before a neutral party. The neutral party is called a mediator.…

  3. ADR & Conflict Management Strategies

    Effective Mediation and Settlement of Commercial Real Estate Disputes Live and Webcast September 19, 2019 12-2 p.m. PDT

    By Frank Burke

    Please join us for the national webcast of “Effective Mediation and Settlement of Commercial Real Estate Disputes” on September 19, 2019 from 12-2 p.m. PST,  co-sponsored by the California Lawyers…

  4. Merge Mediation Group Blog

    Caucus or Joint Session in Business Dispute Mediation?

    By Josh Fruchter

    Caucus versus joint session. Every mediator has a different view on the subject. Some rely heavily on caucus, and some try to avoid it. Some recommend a joint session followed…

  5. Merge Mediation Group Blog

    Should the Federal Mediation Privilege Only Apply to Court-Ordered Mediations?

    By Josh Fruchter

    The existence and scope of a federal mediation privilege remains unclear. Among the Circuit Courts, the strongest and clearest endorsement of a federal mediation privilege is the Second Circuit’s decision…

  6. Rudner Law Blog

    Mediation Mistakes: What Are Counsel Doing Wrong?

    By Stuart Rudner

    Other Blogs Stuart and others on the team at Rudner Law are frequent contributors to the following sites: (Click on the above logos to visit these other sites.) At the…

  7. Merge Mediation Group Blog

    From the Talmud: Curiosity May Kill the Cat But It’s Key to Successfully Mediating Disputes

    By Josh Fruchter

    In this latest post on applying Talmudic principles in mediation, we discuss two vital mediation techniques β€” encouraging empathy and exhibiting curiosity β€” that emerge from a Talmudic legend concerning…

  8. California Employment Law Report

    Five key items to understand before attending a mediation

    By Anthony Zaller

    Mediation is one of the aspects of litigation that can be confusing for parties in a lawsuit, but there are few ground rules to understand about the process that can…

  9. BuildSmart

    No. 7 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

    By David K. Taylor

    This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after…

  10. Merge Mediation Group Blog

    When Does Evaluative Mediation Cross the Line from Neutral Analysis to Legal Advice?

    By Josh Fruchter

    Two of the primary approaches to mediation are facilitative and evaluative. Under the facilitative approach, the mediator orchestrates a process that facilitates communication between the parties concerning their respective interests…