After almost three years of experience mediating many of the pre-condition disputes, including those arising under representations and warranties policies, I still encourage parties to build into their policies a mediation provision. However, I would recommend the parties defer satisfying that condition until they have closed the information deficit from which they each suffer.
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Originally published in Los Angeles Daily Journal, "Settling Up", September 22, 2003 INTRODUCTION What is a successful settlement at mediation? What does it take to get one? Clearly, it depends...
By Gene MoscovitchFrom the blog of Nancy HudginsMost mediations have a component of caucusing, where the mediator and one side will sit down together to discuss the case. Some parties and some...
By Nancy HudginsIt’s Thanksgiving week, and this year I am thankful for serendipity, something I hadn’t noticed much before, but which played an interesting role in this year’s events. It was...
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