Mike, I think our emails crossed. Yours came in while I was writing mine. As I said, I really don't care what the process is called as long as I can use the...
And just for the record, because nobody has mentioned it (especially in light of Chip's reference to not shooting Jack Cooley just yet), I was remiss in not...
Lee Jay, Thanks for the information. I was not aware of Jack Cooley's passing. CDRS has used his book "The Arbitrator's Handbook", second edition, as our...
It seems to me that, in this instance, it is not the mediations that are binding, but rather, the agreements as a result of these mediations. From my limited...
Josef, You have touched on one of the few weaknesses that I find with the BM process. Without question, the parties do not share as much personal information...
Peter, Who or how is the binding agreement enforced? In my experience with non binding small claims situations, if the agreement is not kept, the parties just...
Josef, One of the rules that Lee Jay's group has is that it is not intended for any members of the group to utilize this group as a method of promoting your...
Peter, Thank you for the insight. Actually, this series of emails peek my interest so I thought I would make a comment. As you can see I am not familiar with...
Let me offer another lens through which to view deal mediation: that of public policy mediators. The public policy folks have been negotiating deals - big...
Hi all, Jay is taking deal mediation to the next level with this program in a month or so: * **Deal Mediation: Facilitating Complex Business Disputes* shows...
I never signed settlement agreements as a litigator and I certainly wouldn't sign them as a mediator. I view attorney signatures on settlement agreements to...
And when I say I sign nothing, I really mean nothing. I don't have a mediation agreement nor do I ask the parties to sign a confidentiality agreement. I find...
I agree completely wit Victoria Pynchon's point. In 42 years of litigating I never signed and I have never had a mediator sign either. I don't see it. ...
William Ginsburg
wginsburg@...
Aug 31, 2009 5:45 pm
477
I cannot see the harm in a mediator signing the confidentiality agreement. And, what is more, I believe that the parties should always sign a confidentiality...
Or which may enhance the so-called confidentiality agreement, since California only provides for inadmissibility, and other states and countries not even that....
Lee Jay, We also like to sign an "extra buffer" to protect the privacy policies that we have. Two years ago, our state legislature passed the "Mediator's ...
Thanks for this Peter. It certainly would be useful to have an extra "buffer." We do not have a Mediation Act in Ontario so confidentiality is contracted for...
Colm, You're welcome. Of course there is no perfect answer to the amount of protection you might need in your agreements or whatever to protect yourself from...
Question: If you could propose any legislation about ADR and knew it would pass, what would you propose? (Hint: think carefully about unintended consequences...
I would propose that all construction-related disputes must first go to mediation prior to litigation or even arbitration. Over 30 states have already passed...
With some limited reasons for opting out, I would suggest that all adjudications be preceded by mediation. At the same time, I would want to "de-legalize"...
Just to digress for one moment, I've participated in most of the topical discussions in this forum, but, I'm still a little hung up on one aspect of the issue...
From my experience as a (now recovering) litigator in Texas, many attorneys are reluctant to mediate until 30 days before the trial date because of the issue...
Think of it this way: As a party to a mediation, I can still say what I said during the mediation. I can't say what I said at mediation. And probably more...
Come back from two weeks unplugged to find this thread lit-up again! And on mediation/confidentiality agreements. Here in Washington, with our version of the...
A research degree student from RGU Aberdeen (ABS) is conducting a research in developing countries, their current legal and ADR (alternate dispute resolution)...
 This research which appears to be linked to conflict management in developing countries sounds like it is a most worthwhile initiative.  Jen Geary, Dr. ...
Hi All, I just took this survey (22 rather well thought out questions) and suggest that you do the same to support a graduate research paper on commercial...
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