WHEN MEDIATORS BECOME ARBITRATORS, SO COMES TROUBLE
202010.20
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WHEN MEDIATORS BECOME ARBITRATORS, SO COMES TROUBLE

WHEN MEDIATORS BECOME ARBITRATORS, SO COMES TROUBLE By Gregg Bertram Copyright 2020 It is common in mediated settlement agreements that the mediator is designated arbitrator of post settlement disputes in the CR2A settlement memorandum.  Often this decision is one taken with little, if any, forethought.  Attorneys drafting CR2As may also give little consideration 1) to…

SURPRISING OPPONENTS WITH NON-ECONOMIC SETTLEMENT CONDITIONS AT MEDIATION: WHAT COULD GO WRONG?
202009.22
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SURPRISING OPPONENTS WITH NON-ECONOMIC SETTLEMENT CONDITIONS AT MEDIATION: WHAT COULD GO WRONG?

Two recent emotionally charged mediations have underscored how frustrating first surprising parties with confidentiality/non-disparagement terms at mediation can be.  In each case, plaintiffs were enraged when defendants insisted upon a confidentiality clause near the end of mediation.  One defendant wanted confidentiality in order to preclude negative new media coverage of the case.  In the second…

COVID-19: FINAL OFFER ARBITRATION IS ONE SOLUTION FOR LITIGANTS
202005.08
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COVID-19: FINAL OFFER ARBITRATION IS ONE SOLUTION FOR LITIGANTS

As state and federal court closures continue and pending civil trial dates vanish, arbitration, especially final offer arbitration, may emerge as an efficient, fair solution to a court backlog that is otherwise likely to increase massively. What are the advantages of final offer arbitration? Firstly, in this form of arbitration, the arbitrator’s discretion is limited…

FORCE MAJEURE CLAUSES: SAFE HARBOR OR DANGEROUS REEF?
202004.20
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FORCE MAJEURE CLAUSES: SAFE HARBOR OR DANGEROUS REEF?

The World Health Organization (WHO) declared the novel coronavirus disease (COVID-19) outbreak a Public Health Emergency” on January 30, 2020. Because of the rapid spread of the outbreak, slow government responses, and lack of early travel restrictions, COVID-19 caused significant disruption to business on a global scale. These disruptions include travel, supply chains, and most…

ONLINE MEDIATION – MOST ESSENTIAL PRE-MEDIATION TIPS
202004.14
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ONLINE MEDIATION – MOST ESSENTIAL PRE-MEDIATION TIPS

Since the Covid-19 pandemic, mediation has quickly pivoted from an in-person event to one occurring primarily via video conferencing.  Although several video conferencing platforms exist, Zoom appears to be the most popular for now.  Video and online mediation does, however, present particular challenges for attorneys and mediators. In order to maximize settlement prospects with online…

DISPUTES IN THE ERA OF COVID-19
202004.03
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DISPUTES IN THE ERA OF COVID-19

Disputes are not likely to disappear in this pandemic.  However, the manner is which disputes are resolved is already changing dramatically.  Courts are essentially closed to civil trials.  Existing trial dates for cases that are pending have all been continued with continuation dates that are themselves uncertain.  So too have hearings for filed arbitrations been…

ONLINE MEDIATIONS: THE NEW NORMAL?
202003.24
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ONLINE MEDIATIONS: THE NEW NORMAL?

At Pacific ADR we have responded to office closures mandated as a result of the Covid-19 virus by rolling out online/video conferencing mediation methods.  Whether or to what extent this technology will be an adequate substitute for in person mediation remains to be seen.  This post summarizes the challenges presented by the expected wide application…

202003.16
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ONLINE MEDIATIONS AVAILABLE FROM PACIFIC ADR

March 16, 2020 ONLINE MEDIATIONS AVAILABLE! Pacific ADR Consulting is pleased to announce alternative mediation and arbitration solutions in regards to the COVID-19 Coronavirus disease. Protecting the Health of Pacific ADR Visitors Visitors: We are addressing COVID-19 developments by taking pro-active steps to protect the health of employees and visitors to Pacific ADR Consulting. We have communicated with…

Medical Negligence Mediation Dissected
201809.21
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Medical Negligence Mediation Dissected

By Gregg Bertram Mediating healthcare disputes presents many challenges for the mediator. Experienced, skilled mediators recognize that there are many galaxies within the universe of healthcare disputes. For example, a medical negligence mediation presents different variables than a mediation involving alleged nursing home negligence or one involving a naturopath enmeshed in a coding dispute with…