Alternate Dispute Resolution

Subscribe to Alternate Dispute Resolution

It is not uncommon that after a long day mediating a dispute, the parties finally come to a resolution.  It is also not uncommon that the parties’ Memorandum of Settlement expressly provides that the same mediator resolve any lingering issues to finalize the parties’ settlement. A very interesting decision from the Maine Supreme Court illustrates…

In a very noteworthy decision, the Connecticut Supreme Court recently reiterated its long-standing support for arbitration and the great deference it ordinarily gives to the factual and legal determinations of the arbitrators.  In Kellogg v. Middlesex Mutual Assurance Company (326 Conn. 638), released on August 22, 2017, the Supreme Court reversed the trial court which…

Every mediation is nothing more than a “facilitated negotiation.”  The mediator attempts to identify the different negotiation styles to determine whether they are compatible or adversarial.  Obviously, if the styles are adversarial, the work of the mediator is more difficult.

Here is a summary of three common negotiation styles. Negotiators would be well served to…