In Fair v. Bakhtiari, 19 Cal.Rptr.3d 591 (Cal. Ct. App. 2004) the appellate course reversed the trial court’s refusal to enforce a mediated settlement and compel arbitration pursuant to its terms because inclusion of the arbitration provision in the settlement was “consistent solely with an intention on the part of the parties for the settlement terms document to be enforceable or binding,” thereby making the settlement admissible based on a statutory exception to inadmissibility where an “agreement provides that it is enforceable or binding or words to that effect.”
For the past decade, as part of the annual Minnesota State Bar Association ADR Institute, Hamline Professor James Coben has been producing short videos illustrating mediation litigation. Mediate.com is proud to now assist in the further distribution of these exceptional teaching and learning resources.
This enactment may portray “less than optimal” mediator performance. Rest assured that you are not at risk by hiring any of the ADR Institute Players as neutrals (or lawyers), despite what you see on the tape. The videos are fictional reenactments of the mediations underlying the published litigated cases.
This is a taped interview with well-known mediator Antonio Piazza by the American Bar Association Litigation Section. Mr. Piazza pioneered the development of mediated negotiations as the preferred alternative to...
By Antonio PiazzaDisability mediation has become an accepted and developing segment of the ADR field since the publication of the ADA Mediation Guidelines in February 2000 by the Kukin Program for Conflict...
By Judith CohenFrom Maria Simpson's Two-Minute TrainingsActually, there’s no “just” about it. Listening is often the hardest thing to do, if you really want to do it right. I once worked with...
By Maria Simpson
