Conflict Resolution|Mediation

The Three Simultaneous Exchanges in Mediation

Conflict Resolution|Mediation

The Three Simultaneous Exchanges in Mediation

Of the many skilled mediators I have been privileged to know, few are more insightful and articulate than Robert Creo.  Bob recently shared a terrific perspective over a tasty lunch: That three discussions, or dances, inform a negotiated settlement discussion, and only one of them is acknowledged by the parties. ...

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Arbitration|Courts

Class Actions as Instruments of Corporate Punishment

Arbitration|Courts

Class Actions as Instruments of Corporate Punishment

A law school professor once opened a class with the observation, "This morning we will be considering a case from the Ninth Circuit.  Nevertheless...."  The U.S. Supreme Court has granted cert in AT&T Mobility v. Concepcion, which has claimed the attention of many ADR wonks for its ramifications on class action waivers in arbitration...

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