Alternative Dispute Resolution
The legal community agrees to a limited extent regarding a general definition of mediation. But there is considerable lack of agreement regarding the specific role and function of the mediator. Also lacking is a clear consensus regarding the role and function of lawyers and clients in mediation.
by ELAINE GORDON
My client wants to go to mediation. Now what? How do I select a good mediator? What skills should the mediator bring to the table to increase the chances that a dispute will resolve?
Last fall, the American Arbitration Association (AAA) brought together seasoned Connecticut and New York employment arbitrators to form a working group and review early discovery protocols being piloted by judges throughout the U.S. District Courts. Due to concerns about rising costs and delays in employment arbitration cases, the group wanted to assess if similar protocols tailored to employment arbitration would benefit the process.
JAY H. SANDAK
Recently there has been increased interest in using a combination of mediation and arbitration to resolve commercial disputes. This process has been commonly known as "Med-Arb." It's highly controversial from both the standpoint of the parties to the dispute and the third-party neutral who is potentially serving in a dual capacity.
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