In England and Wales, mediation is a consensual process — the courts will not force parties to mediate against their will. The courts have nevertheless shown enthusiastic support for mediation when determining the implications of a party’s refusal to mediate, and when assessing whether the normal restrictions on use of information deriving from a mediation do not apply.
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From time to time we take a look at social psychology and evolutionary biology because ADR practitioners must be good students and careful readers of predictable human behavior and ways to encourage...
By Victoria PynchonFrom Michael Zeytoonian's Dispute Settlement Counsel Blog It’s great that there are now two new shows which focus on mediation as an alternative to the court process. One is Fairly...
By Michael A. ZeytoonianBy Katherine Shonk, published with permission of the Program on Negotiation at Harvard Law SchoolOnline negotiation has become ubiquitous, as it allows us to negotiate across the miles cheaply and...
By Katie Shonk
