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 [...]
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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 [...]
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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 [...]
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Massachusetts General Hospital Study Finds Physicians are Reluctant to Report Incompetent Colleagues
By Holly Hayes The Joint Commission (TJC) requires that all hospitals have a process in place to identify and assist staff physicians with health and behavior problems. A July study published in the Journal of the American Medical Association (JAMA) conducted by researchers from Massachusetts General Hospital found more than 31 percent of the 2,000 [...]
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? [...]
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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, [...]
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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 Is the Mediator Like a Judge? Clients who are learning about mediation for the first time invariably want to know whether the mediator can adversely affect their core interests in the dispute. The answer is “no” because the mediator must be neutral and remain so throughout the [...]
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 [...]
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