July 2, 2019
My colleague Josh recently blogged about strategies for handling confirmation bias in mediations. He mentioned I had used a high low agreement to successfully address confirmation bias in an insurance-related mediation. I’ll discuss that case in this post. A start-up title insurance agency (funded by a prominent private equity firm),..
Tags:June 30, 2019
We previously blogged about the process known as “med-arb” under which the parties to a failed mediation agree to retain the mediator to arbitrate their dispute. We also highlighted a particular application of med-arb under which the parties to a mediated settlement empower the mediator to arbitrate any disputes that..
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Tags:June 27, 2019
There are many benefits to resolving workplace disputes through mediation, including controlling legal expenses, avoiding adverse publicity, and maintaining employee morale. To realize these and other benefits of workplace mediation, many companies ask new employees to sign agreements to mediate and/or arbitrate any workplace disputes that may arise after employment..
June 26, 2019
As defined by the Farnam Street website, confirmation bias is the “tendency to cherry-pick information that confirms our existing beliefs or ideas.” In other words, after making a decision or reaching a conclusion in which we have a vested interest, we tend to interpret any new evidence in a manner..
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Tags:June 24, 2019
Register for our Webinar: if you enjoy this blog post, be sure to register for our webinar on November 17, 2020: “How Mediation Can Add Value to the Estate Planning Process.” We recently wrote about how mediators can help family business attorneys navigate the professional risks posed by disputes within..
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Tags:June 21, 2019
On Tuesday, June 18, 2019, a group of nine California counties and cities announced that they and PG&E had accepted a mediator’s proposal of $415 million to resolve their claims against PG&E arising out of the 2017 North Bay fires. The money will be paid pursuant to the confirmed Chapter..
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Tags:June 20, 2019
When Memorializing a Mediated Settlement, Empower the Mediator to Resolve Any Disputes Over Language
To avoid any issue with the enforceability of an agreement in principle signed at the conclusion of a mediation, parties should agree in advance that if negotiations to memorialize the settlement in a more formal agreement break down, the mediator shall resolve any remaining disputes over language or otherwise. This..
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June 19, 2019
The ancient Jewish legal text known as the Talmud (Tractate Baba Metzia 32b) records the following rule: if Mr. A simultaneously encounters a friend who requires assistance unloading a burden from his animal, and an adversary who needs help loading a burden on to his animal, A is obligated to..
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Tags:June 17, 2019
A recurring issue in post-mediation litigation is whether a barebones term sheet or other agreement in principle reached at the conclusion of mediation remains binding and enforceable even if subsequent negotiations to document the settlement in a more detailed formal agreement break down. We discussed this issue in an earlier..
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Tags:June 14, 2019
Register for our Webinar: if you enjoy this blog post, be sure to register for our webinar on November 17, 2020: “How Mediation Can Add Value to the Estate Planning Process.” As a practice area, representing family businesses offers clear benefits. If sizeable, such enterprises can generate a steady stream..