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Mediation Process
Progress in Detroit Bankruptcy Mediation
April 3, 2014
The federal judge overseeing mediation in Detroit met with Michigan’s top two legislators to determine their willingness to help resolve the country’s largest municipal bankruptcy. The Michigan Senate and House are both Republican-controlled and lawmakers have proposed using a nearly billion-dollar state surplus to cut taxes. Bloomberg Businessweek (January 16, 2014) The federal judge acting as lead mediator was criticized by several major financial creditors and Detroit’s two pension...
April 3, 2014
The federal judge overseeing mediation in Detroit met with Michigan’s top two legislators to determine their willingness to help resolve the country’s largest municipal bankruptcy. The Michigan Senate and House are both Republican-controlled and lawmakers have proposed using a nearly billion-dollar state surplus to cut taxes. Bloomberg Businessweek (January 16, 2014) The federal judge acting as lead mediator was criticized by several major financial creditors and Detroit’s two pension...
Keys to a Successful Personal Injury Mediation
October 17, 2013
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process. What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...
October 17, 2013
Mediating personal injury disputes is an art, not a science. At the core of a personal injury claim is an injured – or deceased – party, with loved ones and family members who are intimately involved in the case. All of these human factors weigh heavily on the mediation process. What this means is that legal practitioners involved in personal injury mediation, both plaintiff and defense, must approach the matter in a different way than they would a business dispute. In essence, they must bring...
Research Trends and Conclusions: Commercial Mediation 2013
October 8, 2013
Trends and Changes in Mediation In the last few years, mediations have become harder to solve due to their complexities, economic pressure and the growing sophistication of lawyers. Disputes increasingly involve very technical issues, multiple parties or have a cross-border element. This means that they often take longer to complete and, indeed, many of our respondents report that the general expectation that a mediation takes one or two days has disappeared, to be replaced with the more realistic...
October 8, 2013
Trends and Changes in Mediation In the last few years, mediations have become harder to solve due to their complexities, economic pressure and the growing sophistication of lawyers. Disputes increasingly involve very technical issues, multiple parties or have a cross-border element. This means that they often take longer to complete and, indeed, many of our respondents report that the general expectation that a mediation takes one or two days has disappeared, to be replaced with the more realistic...
Kansas Supreme Court Launches Appellate Mediation Program
May 31, 2013
The Supreme Court of Kansas has begun a pilot program for appellate mediation in the state. The first appellate case the Court sent to mediation is a contentious school finance case that is said to implicate half the state’s budget. The state attorney general sought mediation after losing on the constitutionality of cuts to the state’s education budget, which may require additional expenditures of $500 million. Any agreement reached in mediation will have to be approved by the state legislature,...
May 31, 2013
The Supreme Court of Kansas has begun a pilot program for appellate mediation in the state. The first appellate case the Court sent to mediation is a contentious school finance case that is said to implicate half the state’s budget. The state attorney general sought mediation after losing on the constitutionality of cuts to the state’s education budget, which may require additional expenditures of $500 million. Any agreement reached in mediation will have to be approved by the state legislature,...
Improving Mediation with Consent?
May 16, 2013
Jacqueline M. Nolan-Haley, Professor of Law and Director of Fordham University’s Conflict Resolution & ADR Program,...
May 16, 2013
Jacqueline M. Nolan-Haley, Professor of Law and Director of Fordham University’s Conflict Resolution & ADR Program,...
