Topic
Mediation
919 published works
California Employment Law Update
California Imposes New Mediation Disclosure Requirement On Attorneys
By Tony Oncidi, Pietro Deserio
Earlier this month, Governor Brown signed new legislation (SB 954), which requires lawyers to provide their clients with a printed disclosure describing the confidentiality restrictions applicable to mediation. This disclosure…
NJ Family Legal Blog
A Checklist for Your Custody and Parenting Time Wish List
A judge’s favorite line when custody is an issue is some variation of the following: No one is better equipped to make decisions about your children than their two parents,…
Legal Secrets
61% of the time Trial Verdicts Are Usually the Same as a Pre-Trial Settlement Offers
In an article by Sanford Gage, who is a very good mediator, 9,000 California settlement decisions were analyzed over 41 years comparing rejected pretrial settlement offers and actual trial results.…
Workers’ Compensation Law Prof Blog
New Book from the American Bar Association, Addressing Mediation, Features Workers’ Compensation Chapter by Duff & Torrey
Workers’ compensation practice, as in many other areas of law, has been impacted significantly by the alternative dispute resolution (ADR) movement of the last few decades. Judge David Torrey and…
La Revue
La clause de conciliation préalable lors d’une demande reconventionnelle à l’épreuve de l’unité contractuelle
Depuis un arrêt fondateur rendu le 24 février 2003 par la chambre mixte de la Cour de cassation[1], l’engagement d’une procédure judiciaire en méconnaissance d’une clause de conciliation préalable constitue…
Family Law Headquarters
What’s the difference between mediation and arbitration?
In divorce or family law matters, lots of parties are looking to resolve their case outside of court through alternative dispute resolution. Instead of being before a judge who is…
ADR Notes
A Quality Process
While the parties control the outcome of a mediation, the mediator manages the process from which the outcome flows. The preceding post mentioned the fact that a mediator is obligated…
Feher Law Blog
Can Mediation help my divorce?
Absolutely. In my experience, mediation is the best opportunity for clients to resolve their family law disputes themselves. Mediation is a process where the parties use a neutral third party…
New York Attorney Malpractice Blog
A Second Pro-Se Bite Yields Nothing Tasty
Plaintiff hired attorney to represent him in a mediation with Morgan Stanley in 2014. Plaintiff settled on a $ 267K package, and then several years later sued his attorney. Reches v…
ADR Notes
It’s Not About You
I mediated many cases before ever having had any training, formal or otherwise, as a mediator. My impression of a good mediator before training was of someone who didn’t engage…