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Are Mediations Really Confidential?

MEDIATION / CONFIDENTIALITY Benes v. A.B. Data, Ltd., 2013 U.S. App. LEXIS 15270 (7th Cir. Wis. July 26, 2013) Are mediations really confidential? The facts as set forth in the opinion are that Benes was an employee who sued his employer after only for four months on the job, alleging sex discrimination...

Are Mediations Really Confidential?

MEDIATION / CONFIDENTIALITY Benes v. A.B. Data, Ltd., 2013 U.S. App. LEXIS 15270 (7th Cir. Wis. July 26, 2013) Are mediations really confidential? The facts as set forth in the opinion are that Benes was an employee who sued his employer after only for four months on the job, alleging sex discrimination...

Workplace Mediation: View Your Case from the Other Seats at the Table

I’m probably one of the few mediators in the country who has literally sat at every seat at the proverbial workplace mediation table. Over the course of my career, I’ve been outside counsel for employers; in-house counsel at the General Electric Company (including General Counsel...

Workplace Mediations: Q&A with Plaintiff’s Attorney Donna Ballman

Earlier this week, I kicked-off a blog series about workplace mediation. I’ve dubbed this series the “Atticus Finch Walk In Your Skin” and over the next several weeks I will be interviewing various plaintiff’s counsel, in-house counsel and defense counsel to get their perspectives...

Mediation in Oil and Gas Law Disputes

By Lisa C. McManus, Esq. [1] | Discourage litigation. Persuade your neighbors to compromise wherever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There...

Reminder: Construction Litigation is Expensive, Be Sure It’s Worth It

I know, this title is yet another seemingly obvious statement in a series of them here at Construction Law Musings . I seem to be going from cliche to cliche these days and musing on things from necessary evils to naming the correct parties in a lawsuit . However a recent post from my fellow “blawger”...

Federal Court Refuses To Dismiss Government’s Statutory Claims against Mortgage Originators That Allegedly Defrauded HUD

A federal judge recently rejected motions to dismiss in a suit in which the U.S. government alleged that two mortgage originators and their officers defrauded the Department of Housing and Urban Development (HUD) into insuring risky mortgage loans. In its complaint, the government alleged that the...

High Arbitration Fees Prove Costly to Defendant

A recent decision by the Arizona Court of Appeals underscores the importance of keeping consumer arbitration agreements consumer friendly. In Clark v. Renaissance West, LLC , [ enhanced version available to lexis.com subscribers ], the court affirmed the trial court’s denial of a motion to compel...

Mediator

Construction Law Musings: You Have Choices (Litigation Versus Mediation)

As I sit here thinking about an impending trial in the Goochland County General District Court, it hit me that I also serve as a mediator in that court from time to time. Coincidentally, I will be “wearing both hats” (litigator and mediator) this week on back to back days. It will be interesting...

Failure to Mediate Prior to Litigation Held Grounds for Dismissal

A court will not substitute a judicial resolution for a contractually agreed-upon remedy when two sophisticated parties negotiate a contract at arm's length. In Dominion Transmission, Inc. v. Precision Pipeline [ an enhanced version of this opinion is available to lexis.com subscribers ], the United...

Butler Pappas Commentary: This Mediation Is Confidential, Right?

By Kimberly N. Gorak and Anita Devi P. Misir [Editor's Note: Kimberly N. Gorak is a senior associate and Anita Devi P. Misir is an associate with the law firm of Butler Pappas Weihmuller Katz Craig LLP, which has offices in Tampa, Chicago, Philadelphia, Charlotte, Mobile, Tallahassee, and Miami...

Construction Contracts, Mediation and Venue

I have preached the mantra of “ read your contracts carefully ” on numerous occasions here at Construction Law Musings. I have also discussed my thoughts on ADR and mandatory mediation . A recent case out of the Eastern District of Virginia mixes these two ideas quite nicely. Dominion...

William A. Ruskin: The Success Of The SDNY Mediation Program

By William A. Ruskin The Mediation Program of the SDNY provides litigants in commercial litigation with an opportunity, generally early in their litigation, to resolve their disputes without going through the expense of full-blown discovery and the uncertainty of trial. As reflected in the Mediation...

Resolve to Mediate Your Construction Disputes in 2014

After a quick detour to discuss Kevin Underhill’s great book, we’re back to discuss more “serious” topics. Namely, how to move forward relating to your construction disputes in 2014. As anyone that regularly reads Construction Law Musings knows, I am a Virginia Supreme Court...

Alabama: Trial Court’s Judgment Based—in Part—On Employer’s Contempt in Violating Mediation Order Was Erroneous

Where a trial court expressly stated that it was sanctioning the employer by taking the employer’s contempt—the violation of a mediation order—into account when making the court’s various findings of fact and conclusions of law, instead of imposing an independent fine for such...

Headline: Voluntary Construction Mediation Works

Well, I’m back. After a busy week of meeting with clients, college visits with my daughter and a successful mediation (this time as co-counsel), I am back to what I hope to be a more consistent posting schedule. Luckily for me, my friend Seth Smiley stepped in with a great Guest Post Friday...

Mediation of Multi-Party Maritime Cases

by Robert S. Glenn Jr. A colleague called me a few years ago seeking a referral. He was looking for a mediator with a rather unique set of characteristics. The mediator should be able to speak Portuguese, be familiar with contracts of affreightment (have drafted them, if possible), be familiar with...

Mindful Case Management

By Dennis Cusack We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays, unbounded discovery, and often unnecessary motion practice, without...

Judge Says "Over My Dead Body" to Trustee's Mediation Plans

The importance of alternate dispute resolution to resolve cases is enshrined in federal law, 28 U.S.C. § 651(a), and is encouraged by most judges. However, one bankruptcy judge recently told lawyers in a case that they would mediate “over my dead body.” While the court’s ruling...

Why You Should Consider Mediation for your Construction Dispute (Most of the Time)

As any reader of Construction Law Musings is aware, I am a huge fan of mediation as a way to resolve construction disputes. I am such a fan that a few years ago I took the plunge and got certified as a mediator . Why then did I put the caveat in the title of this post? Given my true belief that mediation...

St. Louis County Ordinance Requiring Pre-Foreclosure Mediation Unconstitutional, Missouri Supreme Court Holds

The Missouri Supreme Court recently ruled, [ enhanced version available to lexis.com subscribers ], that a St. Louis County ordinance requiring lenders to mediate with borrowers prior to foreclosure was void ab initio because it was not directed to a matter of purely municipal concern. A state bankers...

To Require Arbitration or Not To Require Arbitration

Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one...

The Anatomy of a Construction Dispute Stage 3- The Last Straw

Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim , and how to bring heat short of litigation/arbitration . As promised, this week I’ll be discussing the next step or “last...

Anatomy of a Construction Dispute- An Alternative

Over the past three weeks, I’ve discussed three “stages” of a construction dispute from the claim , to how to increase the pressure for payment, to the litigation . While these three steps are all too often necessary tools in your construction collection arsenal, they are expensive...