Mediation

The Ninth Circuit rules that Dynamex applies retroactively

Vazquez v. Jan-Pro could make it significantly more difficult for employers to misclassify workers as independent contractors

From Issue: 2019 August

An adversarial, “must win” attitude is a mediation killer and usually results from confirmation bias on the part of the attorney

From Issue: 2018 August

Neuroscience meets mathematics in mediation: If they told you lawyers don’t need math, they lied!

From Issue: 2018 August

Passengers injured on a cruise must file suit in a specific jurisdiction, but their cases can be mediated anywhere

Mediation confidentiality is not an absolute, so you need a strategy and possibly your own agreement to avoid later problems

From Issue: 2017 August

A look at the beginning and endpoints of mediation confidentiality

Until the pool of neutrals reflects the population being served, diversity must be a consideration in the selection process

From Issue: 2019 August

Diplomacy in mediation should not be seen as a substitute for, or competing with, the traditional styles of evaluative or facilitative mediation

From Issue: 2018 August

What lawyers must know about biases in order to optimize mediation outcomes

From Issue: 2018 August

A practical guide for maximizing effectiveness of remote Zoom mediations, from advance preparation to sharing documents

The best mediation practices in the burgeoning field of civil financial elder-abuse allegations

Problems enforcing a conservator’s execution of a health-care facility’s arbitration agreement