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
Alternate Dispute Resolution
U.S. Supreme Court to Decide Important Employment Arbitration Issue
In three cases pending before the United States Supreme Court in the upcoming term, the Court will address whether employees can be forced to arbitrate class action employment law claims. The three cases, involving Murphy Oil, Epic Systems and Ernst & Young, highlight the two sides of the debate that have split the Circuit Court…
Judicial Review of Arbitration Awards
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…
Negotiation Styles in Mediation
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…
Drafting Arbitration Clauses
Unfortunately, a great number of attorneys do not give a lot of thought when drafting an Arbitration Clause in a contract as a means for resolving any disputes arising under or related to the contract. They fail to appreciate that the nature and scope of the arbitration and the authority of the arbitrator are case…