Comments on: Settlement Enforced Thanks to Mediator Testimony http://businessconflictmanagement.com/blog/2011/08/settlement-enforced-thanks-to-mediator-testimony/ Conflict Management Expertise from F. Peter Phillips Fri, 18 May 2012 07:56:52 +0000 http://wordpress.org/?v=2.7.1 hourly 1 By: Business Conflict Blog » Challenging Mediated Settlement Agreements: Pt. 1 http://businessconflictmanagement.com/blog/2011/08/settlement-enforced-thanks-to-mediator-testimony/comment-page-1/#comment-4089 Business Conflict Blog » Challenging Mediated Settlement Agreements: Pt. 1 Tue, 13 Mar 2012 23:31:47 +0000 http://businessconflictmanagement.com/blog/?p=922#comment-4089 [...] have been reached and challenges the enforceability of the writing made at the mediation session.  A previous post discussed a New Jersey case in which the mediator offered testimony as to whether there had been a [...] [...] have been reached and challenges the enforceability of the writing made at the mediation session.  A previous post discussed a New Jersey case in which the mediator offered testimony as to whether there had been a [...]

]]> By: Business Conflict Blog: Settlement Enforced Thanks to Mediator Testimony - ADR Toolbox http://businessconflictmanagement.com/blog/2011/08/settlement-enforced-thanks-to-mediator-testimony/comment-page-1/#comment-3553 Business Conflict Blog: Settlement Enforced Thanks to Mediator Testimony - ADR Toolbox Thu, 08 Sep 2011 10:31:52 +0000 http://businessconflictmanagement.com/blog/?p=922#comment-3553 [...] Conflict Blog: Settlement Enforced Thanks to Mediator Testimony businessconflictmanagement.com/blog/2011/08/settlement-enforced-thanks-to-mediator-testimony/ Filed Under: [...] [...] Conflict Blog: Settlement Enforced Thanks to Mediator Testimony businessconflictmanagement.com/blog/2011/08/settlement-enforced-thanks-to-mediator-testimony/ Filed Under: [...]

]]> By: Paul Hebert http://businessconflictmanagement.com/blog/2011/08/settlement-enforced-thanks-to-mediator-testimony/comment-page-1/#comment-3540 Paul Hebert Fri, 02 Sep 2011 02:59:47 +0000 http://businessconflictmanagement.com/blog/?p=922#comment-3540 I wonder if the mediator in question is aware of this discussion and might be enjoined to share what for the rest of us is simply conjecture. When I read this note I was aware that there are nuances of law at work here which escape me, though I too am sensitive as a mediator to the apparent breech of confidentiality. I wonder if the mediator in question is aware of this discussion and might be enjoined to share what for the rest of us is simply conjecture. When I read this note I was aware that there are nuances of law at work here which escape me, though I too am sensitive as a mediator to the apparent breech of confidentiality.

]]> By: Joe Grynbaum http://businessconflictmanagement.com/blog/2011/08/settlement-enforced-thanks-to-mediator-testimony/comment-page-1/#comment-3508 Joe Grynbaum Wed, 24 Aug 2011 14:02:35 +0000 http://businessconflictmanagement.com/blog/?p=922#comment-3508 All I can say to the former judge-cum-mediator is "Sir, you are no mediator." I inform the parties that after the mediation I destroy all notes and other communications to maintain confidentiality of the proceeding, and to avoid being deposed. This is a disturbing case and hopefully not the beginning of a trend which will certainly erode mediation confidence. Joe All I can say to the former judge-cum-mediator is “Sir, you are no mediator.”
I inform the parties that after the mediation I destroy all notes and other communications to maintain confidentiality of the proceeding, and to avoid being deposed.
This is a disturbing case and hopefully not the beginning of a trend which will certainly erode mediation confidence.

Joe

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