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Beyond the Mediation Clause Over the last two decades, “mediation” has become a routine feature of international contracts. Most major agreements now include a multi-tier dispute resolution clause, with mediation sitting neatly between negotiation and arbitration or litigation. On the page, this looks like progress. In practice, however, many of these clauses are boilerplate in […]

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 […]

The use of artificial intelligence (AI) in mediation gives rise to innumerable ethical questions. What do we mean by AI? Should a mediator use AI, depending on the meaning? How should a mediator use AI? How transparent should a mediator be with the parties when using AI? How does a mediator identify, test, or correct […]

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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