The AAA Handbook on Mediation (2nd Ed.) will be available on September 19, 2010: The AAA Handbook on Mediation assembles from the Dispute Resolution Journal – the flagship publication of the American Arbitration Association – and other sources, the leading professional writing in areas in which mediation is likely to apply. The Handbook on Mediation is succinct, comprehensive [...]
Continue reading about AAA Handbook on Mediation – 2nd Edition Available September 19, 2010
Here is an update from the Associated Press about the Massey Energy pollution case: By VICKI SMITH Hundreds of southern West Virginia residents who claim Massey Energy Co. poisoned their wells and made them sick by pumping coal slurry underground will get their day in court next year — and a chance to settle the [...]
Continue reading about Trial Date and Mediation Set in Massey Energy Coal Slurry Case
Platts reports that the U.S. Mine Safety and Health Administration (MSHA) just launched a pilot mediation program. Here are the details: Washington (Platts)–20Aug2010/540 pm EDT/2140 GMT US mine safety regulators plan to revert to a speedier mediation process during a 90-day test period starting later this month in an effort to reduce the number of [...]
Continue reading about US MSHA Unveils Pilot Mediation Program
Last week, we concluded the series “Questions Clients Have about Mediation” written by Kent B. Scott and Cody W. Wilson from Babcock Scott & Babcock. In case you missed these interesting posts, following are links to all of them: What is Mediation? What are the Advantages and Disadvantages of Mediation? Would my Mediation be Confidential? [...]
Continue reading about Questions Clients Have about Mediation
By Kent B. Scott and Cody W. Wilson The success of mediation is mainly determined by the parties. It is their process and they are in control of the ultimate result. While there is no guarantee that any mediation will succeed, there are some common elements found in successful mediations: The mediator selected by the [...]
By Holly Hayes The article below was published this week on the Program on Negotiation at Harvard Law School website. It sheds light on a topic that I am asked about often — Why isn’t mediation more popular? In light of the potential for increased conflict with the implementation of health care reform, this question, [...]
Continue reading about Why Isn’t ADR More Popular? A Report from Harvard
By Kent B. Scott and Cody W. Wilson Every mediation is unique. The mediator will work with the parties and counsel to devise the appropriate format for the mediation. In general, however, mediation has four stages: Opening joint session The mediation usually begins with a joint session. At this session, the parties will be seated [...]
By Kent B. Scott and Cody W. Wilson Who Should I Bring to the Mediation? Client representatives. More is not better. The attorney and client should bring one or two employees who know the facts of the dispute. The problem is that often the employees most involved in a dispute have a vested interest in [...]
By Kent B. Scott and Cody W. Wilson How Do We Get Started? There are many things for counsel and the client to do prior to mediating. A key task is to prepare the client to participate in the mediation. This is essential to a successful mediation outcome, because unlike arbitration and litigation, in which [...]
GUEST-POST | eDiscovery Update: Special Masters and eMediation
By Peter S. Vogel Special Masters can help Judges and parties in eDiscovery disputes and also reduce the cost of litigation. Also managing eDiscovery can be improved by using eMediators who can help simply eDiscovery disputes and reduce motion practice. My recent article in the Texas Lawyer discusses some of the benefits of eMediation and [...]
Continue reading about GUEST-POST | eDiscovery Update: Special Masters and eMediation