The Uschold v NSMG opinion provides another illustration of the post-settlement work that mediation can accomplish when a court must weigh-in on the merits of a mediated agreement.
Economic fallout from the corona virus will leave many formerly-successful businesses in financial stress.
Practitioners need to constantly evaluate their local mediation customs to assure that better practices are identified and incorporated.
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 →
Viewing options together nudges people to compare and contrast the options and focus on differences.
That’s all well and good for us well-fed folk, who frequent grocery stores stocked with vast arrays of food choices. But such luxuries are not universal—even here in these United States.
By Donald L. Swanson A 2018 mediation study [Fn. 1] tests the following hypothesis: That referral of a lawsuit to mediation at an early stage is more likely to lead to settlement than a later referral. What the study finds is that timing is a complex issue that’s influenced by and “could be a proxy for”... Continue Reading →
By Donald L. Swanson Back in 1994, Minnesota state courts adopt a "mandatory consideration" rule for alternative dispute resolution ("ADR") possibilities. The rule works, back then, like this: Attorneys are required to, (i) consider using ADR in every civil case, (ii) discuss ADR with their client(s) and opposing counsel, and (iii) advise the court of their... Continue Reading →