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Mediation
Harvard Program on Negotiation Video | Setting the Stage for Productive Negotiations
By Victoria VanBuren - September 5, 2012
In this video, Professor Guhan Subramanian (Harvard Law School and Harvard Business School) discusses a real world example of how seating arrangements can influence a negotiator’s success.
ABA Book | Stories Mediators Tell
By Victoria VanBuren - August 22, 2012
by Holly Hayes I recently discovered the book “Stories Mediators Tell” by Eric R. Galton and Lela P. Love published by the ABA Section of Dispute Resolution (Feb 2012). Our friend Jeff Jury, from Austin, contributed the story “The Problem of Sharing Space”. The introduction states: Some of the stories in this book are factual, an effort to recount precisely what happened in a particular mediation. Some are an effort of the
Preparing for Mediation | ABA Section of Dispute Resolution Publishes Mediation Guides
By Victoria VanBuren - August 15, 2012
The ABA Section of Dispute Resolution published recently the following mediation guides: Preparing for Mediation. General information about the mediation process and questions to think about and ask before and during mediation. Preparing for Complex Civil Mediation.This guide is designed for parties in complex civil disputes who are represented by lawyers. Preparing for Family Mediation.Preparing for Family Mediation has information specific to m
Program on Negotiation at Harvard | FREE Copy of Mediation Secrets for Better Business Negotiations: Top Mediator Techniques
By Victoria VanBuren - July 5, 2012
The Program on Negotiation at Harvard Law School is offering a free copy of Mediation Secrets for Better Business Negotiations: Top Techniques from Mediation Training Experts. The report contains helpful guidance on how to get the right mediator, understand the right steps, and ensure the right outcome. You may download the report here.
Video | The Three Little Pigs Go To Mediation
By Victoria VanBuren - June 26, 2012
We invite you to check out The Three Little Pigs Go to Mediation video, created by the Department of Veteran’s Affairs, this interesting video explains and demonstrates the principles of mediation. The video is available here.
Just Court ADR | E-Discovery Mediation and Litigation Planning
By Victoria VanBuren - June 7, 2012
Just Court ADR, the blog of Resolution Systems Institute published an interesting guest-post by Jennifer LaDuke about her experiences at a recent e-Discovery mediation training: As an attorney shifting her career toward mediation, I am always on the lookout for training opportunities to further my skill set and knowledge base. I have previous experience with litigation and electronically-stored information, including participating in a half-dozen
Tenth Circuit Dismisses Lawsuit Due to Plaintiff’s Violation of Mediation Confidentiality
By Victoria VanBuren - May 21, 2012
In Hand V. Walnut Valley Sailing Club, No. 11-3228 (10th Cir. April 4,2012) plaintiff is a former member of defendant sailing club. Soon after plaintiff complained that his storage shed at the club didn’t comply with the American with Disabilities Act, plaintiff’s membership to the club was revoked. In response, plaintiff filed suit in federal court. The court sent the parties to mediation. No settlement followed the mediation. Instea
IBA Mediation Committee Publishes Rules for Investor-State Mediation
By Victoria VanBuren - May 11, 2012
The International Bar Association (IBA), Mediation Committee has recently published a draft version of rules for investor-state mediation. The scope of the Rules is as follows: These rules are designed for the mediation of investment–related differences and disputes involving States and State entities, whether or not they arise out of an agreement. These rules apply when: a) the mediating parties have agreed that these rules shall apply whether b
Eleventh Circuit Rules that Mediation Costs Are not Recoverable for FDCPA Plaintiff
By Victoria VanBuren - April 2, 2012
The United States Court of Appeals for the Eleventh Circuit held recently that a plaintiff who prevails in a lawsuit under the Fair Debt Collection Practices Act (“FDCPA”) cannot recover the fees paid for a court-ordered mediation. See Nicholas v. Allianceone Receivables Management, Inc., No. 11-13764 (11th Cir. Jan. 10, 2012). The court reasoned that the plaintiff was not entitled to mediation fees because those costs are not taxable
Article | Everything You Need to Know about Authority to Settle a Mediation
By Victoria VanBuren - March 20, 2012
We invite you to check out an article entitled “Everything You Need to Know about Authority to Settle a Mediation” by James R. Madison. The piece was published in the May-July issue of the AAA’s Dispute Resolution Journal. Following are two preview pages: I. Introduction Imagine being the mediator who convenes a mediation with the objective of settling a dispute between Party A and Party B only to learn when the participants gat
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