The Opening Session Re-Considered
Jeff analyzes the pros and cons of the opening session during a mediation. He notes there are different styles and approaches, but you will see that he finds opening statements generally a positive move. Of course there are often exceptions, and input from counsel is always important.
Do the facts and the law really matter in mediation?
Joel Reck discusses how much the facts and applicable law matter in a mediation. He argues that some times a successful mediation depends primarily on the parties willingness to settle.
Is a Mediation Settlement Agreement Enforcable if Further Steps are Required?
Joel Reck explores the enforceability of mediation settlement agreements. Often a simple settlement agreement is drafted at the end of a mediation with the understanding that a more comprehensive agreement will be amended in the following days. This can prove difficult when disagreements arise over the next steps or issues to be resolved. Joel shares the background of a case during which this became a problem.
The SJC Has Made It More Likely That You Will Try Your Employment Discrimination Case (Unless You Settle)
TMG neutrals Jeff Stern and Joe Berman share their thoughts on a recent employment case that has gotten a good deal of buzz, both for its comments on "self-help discovery" and its implications for attempted summary judgment in the employment area.
