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Confidentiality
PREVIEW: The CPR Institute and WestLegalEdCenter will present a hot-topics seminar this Friday, noon Eastern, on the effects of last week’...
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Ireland’s Law Reform Commission has released an expansive 231-page report that backs a massive upgrade of mediation, conciliation, and ADR in the country, linked but separate from efforts to comply with the EU Directive on mediation, due to be implemented in 2011's first half.
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In the second of two parts, we examine potential paths of development for class actions and ADR in the European Union. The article was prepared by former CPR intern Katharina Diel, who is an LLM student at Columbia University Law School in New York. Summer 2010 CPR Intern Jan-Krzysztof Dunin-Wasowicz also contributed to this Part II.
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Multi-dimensional mediation goes beyond the usual concept of multiparty mediation, although it can and often does include more than one party. International mediator Paul E. Mason gives us details on the logistics of these big matters.
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A California appeals court has denied a Tarzana, Calif.-based law firm’s request to use state mediation confidentiality laws to bar the introduction of conversations about a mediation as evidence in a client’s malpractice suit against the firm.
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Commentary by Russ Bleemer (May 14, 2009) of the ABA's Section of Dispute Resolution's Committee on Mediator Ethical Guidance which tackled the question of mediators' ability to disclose caucus information.
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The ABA's Committee on Mediator Ethical Guidance sets out a standard for mediators’ obligations to protect confidentiality of mediation communications when ordered by a court to testify concerning such communications.
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A California Second Appellate District panel in Rael v. Davis, No. B197971 (Cal. Ct. App. Sept. 28, 2008), applied California Evidence Code § 1119 and found that a mediation settlement agreement was inadmissible because one of the settling parties did not sign the agreement. The panel dismissed the plaintiff's action to enforce the agreement against a party that did sign the agreement.
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The California Supreme Court yesterday reversed a state appellate court decision holding that communications made in mediation were admissible at trial after the defendant used stipulated to mediation events in pretrial proceedings. Simmons v. Ghaderi, Docket No. S147848, 2008 Cal. Lexis 9071 (July 21, 2008).
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Is there something wrong with arbitration in the United States today? Arbitration is only as effective as its weakest link. We propose a few ideas intended to get U.S. arbitration back on track and return it to its roots: providing a fast, efficient, and cost-effective way to resolve disputes.
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