This presentation and these materials were offered at CADRE’s Fifth National Symposium on Dispute Resolution in Special Education during October 2011. Be sure to review CADRE’s Video Resource Center from the Symposium. Support for the Symposium and video development was generously provided by the JAMS Foundation and the Office of Special Education Programs at the U.S. Department of Education.
Disputants and mediators together determine a mediation’s success, sometimes only in retrospect. This interactive workshop explored opportunities prior to and during a session, when the mediator may support-even enhance-parties’ abilities to make the most of their mediation experience.
Drawing on the academic and professional literature as well as extensive experience across civil, community, restorative justice and public policy contexts, this workshop considered promising practices regarding case screening and client preparation before mediation.
The thorny ethical issues of pressure and coercion during mediation were also examined through case studies, theoretical bases, and practical implications.
Late last week, the Second Circuit affirmed a denial of a vacatur motion in the context of a $400 million FINRA arbitration award. In STMicroelectronics, N.V. v. Credit Suisse Securities...By Jill Gross