Practice Area: Alternative Dispute Resolution

Remote Mediations and Unwanted Guests

The federal government has officially ended the COVID-19 emergency, but remote mediation remains. The practical benefits of remote mediation for both attorneys and their clients are obvious. On the other hand, the relaxed formality of remote mediations has created unexpected problems, including the appearance of uninvited guests, who can wreak havoc and endanger a productive … Continued

Enforcing Mediated Settlement Agreements, or, When Is a Deal Really a Deal: An Analysis of Murphy v. Institute of International Education

Is the mediation agreement enforceable by the defendant? Does a party’s change of heart require deference, where the more detailed settlement agreement had not yet been finalized and signed? Should it matter that plaintiff is pro se and contends that she signed the mediation agreement under duress caused by her court-appointed mediation counsel and the mediator?

Tell Your Story and Get Off Your High Horse: What Litigators Do Not Understand About Mediation

A talkative and combative litigator looking for a pound of flesh is unlikely to succeed in mediation. An attentive attorney who treats opposing counsel with respect from the first introduction is, however, likely to succeed. Panelists discussed the soft skills and proven techniques that help lawyers better handle mediations on the CLE webinar, “Effective Mediation … Continued