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As mediators, we often describe our work as “looking outside the box.” We challenge parties to move beyond rigid legal positions and explore creative, interest-based solutions. Yet, when it comes to our own profession, we have a confession to make: the mediation community has become surprisingly rigid. In a recent conversation with our colleague Alyson […]

The mediation community periodically returns to the same difficult question: should mediators be regulated more closely, and if so, how? The question is now receiving fresh attention in England and Wales through the Civil Mediation Council’s consultation on a draft Code of Professional Practice for Mediators. The draft aims to define what it means to […]

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 […]

Oral Agreement to Settlement Terms in Mediation Enforced A former employee, represented by counsel, participated by Zoom in a mediation before a federal magistrate judge. The parties reached a settlement agreement and the magistrate judge recited the essential terms of the agreement, which was recorded, including: payment by the employer to the employee within approximately […]

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