January 7, 2020
Local rules implementing alternative dispute resolution procedures typically provide that mediation attendees must have “settlement authority.” But what exactly does that term mean? Is attendance by outside counsel enough if someone else with full settlement authority is just a phone call away? A federal magistrate judge recently explored these questions..
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Tags:July 31, 2019
In this latest post on applying Talmudic principles in mediation, we discuss the Talmud’s view of mediation as an affirmative moral obligation (the Talmud being an ancient Jewish legal text compiled around 500 C.E. that is a primary source of Jewish law and philosophy). Moral duties are actions we are..
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Tags:July 28, 2019
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 and concerns. The mediator typically refrains, however, from sharing an opinion concerning the strengths or weaknesses of either side’s positions...
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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 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..
June 3, 2019
A Massachusetts federal court recently addressed the circumstances under which an individual who served as a mediator in an unsuccessful mediation can subsequently decide the dispute as an arbitrator — a process known as “med-arb.” Spruce Envtl. Techs., Inc. v. Festa Radon Techs., Co., 370 F. Supp. 3d 275 (D...
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Tags:May 21, 2019
It’s a cardinal rule that an attorney cannot meet privately with a party represented by counsel outside the presence of the party’s attorney. But what if an attorney is a party to a mediation, and the counterparty is a non-attorney represented by counsel? Can the attorney meet one-on-one with the..
May 20, 2019
Few fans of the hit television series Law & Order are likely aware that the show gave rise to a real-life California divorce drama in which mediation played a central role. In August 2003, the creator of Law & Order, Richard Wolf entered into a marital settlement agreement (MSA) with..
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