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Alternative Dispute Resolution

Selecting Non-Neutral Arbitrators in a Multiparty Dispute

Thursday, May 16, 2013

In some cases, parties elect a process in which they agree to the selection of two "non-neutral arbitrators" who together select a "neutral arbitrator." The notion of a non-neutral arbitrator is often deemed offensive, particularly in international arbitrations. An additional complication arises when the arbitration agreement calls for the appointment of non-neutral arbitrators in cases where there are multiple parties. This article explores that situation,

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Can Sanctions Be Applied for Bad Faith in Court-Ordered Mediation?

Thursday, May 16, 2013

A court can require a party to appear at a mediation session, but the court cannot force a party to settle or even to make a settlement offer. And courts have not developed any clear standards for evaluating good faith in court-ordered mediation. However, do not conclude that the court will let a party get away with virtually anything in court-ordered mediation. Here are 10 "rules" that, when broken, have led to sanctions.

What Neuroscience Can Teach Us About Settlement Negotiations

Thursday, May 16, 2013

There is much that the latest developments in neuroscience can teach legal professionals about negotiations. This is particularly true when it comes to how people process information and make decisions. Mediators and lawyers alike can benefit particularly from what neuroscientists have revealed about priming and framing, two potent filtering mechanisms that can either inflame the emotional barriers to settlement or potentially defuse them.

The Reality of Virtual ADR

Thursday, May 16, 2013

The Internet is having a profound effect on the development of the alternative dispute resolution (ADR) process. It is used as a means for the resolution of conflict both directly, through the Uniform Domain-Name Dispute-Resolution Policy process, and indirectly, by offering traditional ADR process opportunities to remote parties. This article explores the pros and cons of these developments.

Mediation Communications Are Protected, to a Point

Thursday, May 16, 2013

In order to encourage candor in mediation proceedings, New Jersey has adopted a broad and robust mediation privilege that protects against the disclosure of mediation communications in later legal proceedings. However, the privilege is not absolute and can be waived, so it is important for practitioners to understand how the privilege operates, how the privilege can be waived and what steps can be taken to prevent the disclosure of mediation communications.

Employment Mediation and Bullies

Thursday, May 16, 2013

in workplaces, bullies are often applauded and rewarded, especially when their behaviors are seen to have increased output. Times, however, are slowly changing. In some workplaces, they are considering whether mediation should be part of a cure for bullying. This article addresses the pros and cons of this idea.