Do We Ask And Expect Too Much From Mediation? (A Fourth Circuit Mediation Order)

By Donald L. Swanson Sometimes, mediation is asked and expected to do a lot. And sometimes mediation is asked and expected to do more than it can actually perform: i.e., many puzzles and problems defy solution. A new mediation order out of the U.S. Fourth Circuit Court of Appeals asks and hopes for a lot from... Continue Reading →

Multi-Party Mediation: A Time Problem & A Solution

The mediator spends a half-hour with each party to discuss initial positions—from 9:30 a.m. to 11:30 a.m. It’s now nearly lunchtime, we’ve only just begun, and time is already getting short.

Don’t Guess Wrong on Finality for Appeal: Comparing U.S. Supreme Court Opinions (Rytzen and Bullard)

By: Donald L Swanson “An erroneous identification of a final order as interlocutory may cause a party to miss the appellate deadline.” --U.S. Supreme Court in Rytzen Group, Inc. v Jackson Masonry, LLC (decided 1/14/2020) Rarely has a Supreme Court bankruptcy ruling had a more-expansive effect that its most recent pronouncement. The quotation above shows why—because... Continue Reading →

Mediation Confidentiality at Work

By: Donald L. Swanson Every now and then we get a refresher on mediation confidentiality and how it works.  Here is one such refresher. The case is Apollo Education Group, Inc. v. National Union Fire Insurance, Case No. CV-15-01948 in Arizona's U.S. District Court.  The District Court addresses the admissibility into evidence of three documents from a... Continue Reading →

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