SURPRISING OPPONENTS WITH NON-ECONOMIC SETTLEMENT CONDITIONS AT MEDIATION: WHAT COULD GO WRONG?
202009.22
0
0

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…

PACIFIC ADR MEDIATORS DO WHAT OTHERS DO NOT DO
202006.30
0
0

PACIFIC ADR MEDIATORS DO WHAT OTHERS DO NOT DO

Over many years we have learned that selecting a mediator is not a rational process.  Instead, it is an entirely subjective process influenced by such irrational elements as rumor, hunch and gamesmanship.  Even a record of consistently excellent performance often takes a backseat to the aforementioned trio.  However, at Pacific ADR we recruit attorney/mediators who…

FORCE MAJEURE CLAUSES: SAFE HARBOR OR DANGEROUS REEF?
202004.20
0
0

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…

DISPUTES IN THE ERA OF COVID-19
202004.03
0
0

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…

201805.07
0
0

Health Care: Medical Negligence Mediation Dissected

BY GREGG BERTRAM, PRESIDENT, PACIFIC ADR CONSULTING, LLC COPYRIGHT 2018 Mediating health care disputes presents many challenges for the mediator. Experienced, skilled mediators recognize that there are many galaxies within the universe of health care disputes. For example, a medical negligence mediation presents different variables than a mediation involving alleged nursing home negligence or one…

201805.07
0
0

Defending Non-Traditional Healthcare Providers

Written by: Roger Hillman, J.D., 2018 Non-traditional, or alternative, medicine most often encompasses chiropractic, acupuncture and naturopathy. In Washington, as in most states, each of these is defined by statute. Statutes also set out the scope of practice for each, in some cases specifically identifying treatments that are permitted or prohibited. The one thing that…

201805.07
0
0

Profile of the Month: Gregory L. Bertram

Gregg Bertram, M.A., J.D., LL.M. is one of the most experienced and successful mediators in the U.S. He is the founder and CEO of Pacific ADR Consulting, LLC, a Pacific Northwest mediation and arbitration service provider. In 2015, Attorney Gregg Bertram founded Pacific ADR Consulting, LLC, a Northwest mediation and arbitration service provider. Gregg and Pacific…