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Artificial intelligence (AI) now shapes many aspects of dispute resolution, from the systems that schedule mediations to the tools that help parties upload documents, communicate asynchronously, or navigate negotiation platforms. Mediators also use AI regularly. As these technologies become embedded in the daily work of mediators, they raise pressing questions about fairness, transparency, autonomy, and […]

The Energy Transition as Stress Test Our existing dispute resolution frameworks are facing unprecedented pressure from global systemic challenges – geopolitical tensions, economic volatility, and societal division. The energy transition stands as a clear example of these pressures, representing not merely a shift in technologies or fuel sources, but also a redistribution of power and […]

Welcome back to Mediation Aspects of SB940 in California, a series providing updates on Business and Professions Code 6173, which created a voluntary certification program for mediators and other alternative dispute resolution (ADR) professionals in California. The new program “aims to promote adherence to ethical standards for ADR services and establish consumer protection mechanisms.” This […]

Mediation Term Sheet Enforced A lawyer, Schlecht, proceeding pro se, settled his litigation against Northwestern Mutual Life Insurance in mediation. The parties executed a “Settlement Term Sheet Memorandum” which provided that the case would be terminated “in accordance with standard contractual language” to be drafted by Northwestern’s counsel. An experienced mediator represented to the court […]

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