201911.21
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THE INTERSECTION OF TIME AND MEDIATION

BY GREGG BERTRAM COPYRIGHT 2019 Time and mediation have always been conjoined.  The natural relationship between mediation and time is one that deserves acute attention by parties and their attorneys but, instead, is often ignored.  Mediators too must be sensitive to time in order to serve the mediation process most effectively. For parties and their…

Report from Salzburg: The 3rd CILS International Mediation Symposium
201908.20
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Report from Salzburg: The 3rd CILS International Mediation Symposium

BY GREGG BERTRAM Every other year the Center for International Legal Studies (CILS), a non -profit entity based in Salzburg, Austria, hosts an international Mediation Symposium.  This event brings together attorneys, judges and academics from around the world to discuss all aspects of mediation, including efforts to introduce mediation to cultures unfamiliar with this ADR…

Breaking the Deadlock with Med/Arb
201905.13
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Breaking the Deadlock with Med/Arb

Med/Arb is seen by some attorneys as a last resort, and others as a best practice. Here’s what you need to know before giving your clients advice on using this controversial alternative dispute resolution model. By Gregg Bertram ©2019 When you’re entering alternative dispute resolution, you want the best possible outcome for your clients. Mediation…

Issaquah School District’s looming strike is a teaching moment about arbitration language in employment contracts
201901.18
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Issaquah School District’s looming strike is a teaching moment about arbitration language in employment contracts

©2019 Troy Hunter, Pacific ADR mediator/arbitrator and an attorney in Issaquah who has two granddaughters in local schools, is closely watching the strike authorized earlier this week by the unions representing office professionals and paraeducators working in the Issaquah School District. “Collective bargaining agreements, like the one the administrative and paraprofessional employees of the Issaquah…

No Good Deed Goes Unpunished
201811.08
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No Good Deed Goes Unpunished

Paying Employees to be on Duty During Lunch Exposes Employer to Double Damages Andy Kinstler, JD, Mediator, Pacific ADR Consulting Employer-side attorneys in Washington have long used the “bona fide” dispute defense to avoid the “hammer” of double damages in wage withholding litigation.  That defense took a serious blow in the case Hill v. Garda,…

201811.06
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Top 10 Tips for a Successful Mediation

10 TIPS TO PREPARE FOR MEDIATION A clear majority of civil cases end up in mediation before trial as a result of statute, court rule or by agreement of the parties.  Most mediations occur in one day or less.  Given that many cases are factually or legally complex and inspire intense emotions of the parties,…

INSURANCE-THE ELEPHANT IN THE ROOM IN PROFESSIONAL LIABILITY MEDIATION
201808.02
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INSURANCE-THE ELEPHANT IN THE ROOM IN PROFESSIONAL LIABILITY MEDIATION

By Roger Hillman  In the preparation for and participation in mediation, it is imperative that counsel, both for plaintiffs and defendants, be conscious of the critical role insurance has in resolving any liability matter.  Personal (e.g. auto, homeowners) and commercial (e.g. CGL, professional liability) insurance policies impose on the insurer the “duty to defend” any…