Mediation Matters: Ninth Circuit: Employer Bears Burden of Proof to Prove Employees Not Wrongly Classified as Exempt http://stevemehta.wordpress.com/2011/04/29/ninth-circuit-employer-bears-burden-of-proof-to-prove-employees-not-wrongly-classified-as-exempt/
PGP Mediation: KEEPING A CASE SETTLED http://www.pgpmediation.com/2011/04/29/keeping-a-case-settled/?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+pgpmediation+%28PGP+Mediation%29
Mediation Matters: Men and Women See Black and White Differently http://stevemehta.wordpress.com/2011/04/28/men-and-women-see-black-and-white-differently/
There has been much debate in the law and economics literature over the effect of fee shifting rules on settlement. Richard A. Posner and Steven Shavell have concluded that fee shifting of the English “loser pays” type would decrease the likelihood of settlement. They viewed parties as pursuing litigation because they are overly optimistic about their chances at trial, which causes them to discount the amount of attorneys' fees they will have to pay, and thus makes settlement less attractive....
Richard A. Posner (1988): "making the losing party pay the winning party's attorney's fees would reduce, not increase, the settlement rate" 22 Law & Soc'y Rev. 927, 928 (1988)
American Journal of Mediation: A Nudge to Mediate: How Adjustments in Choice Architecture Can Lead to Better Dispute Resolution Decisions http://www.americanjournalofmediation.com/pg6.cfm