ADR Prof Blog by Andrea Schneider, Michael Moffitt, Sarah Cole,Art Hinshaw, Jill Gross and Cynthia Alkon.
From this morning’s National Law Journal: Federal lawmakers have renewed legislation that would require judges to consider the public’s interest before agreeing to seal court records about products liability lawsuits with companies. Sen. Richard Blumenthal, D-Conn., and Sen. Lindsey Graham, R-S.C., introduced the Sunshine in Litigation Act of 2014 in the Senate this month. Rep. Jerrold Nadler, D-N.Y., introduced a similar bill in the House in April.
The “sunshine” imagery is, of course, complicated. Exactly nobody involved in litigation would describe it as “sunshiny” in the “great to wake up and realize I’m basking in” sense. And my pre-coffee read of the article had me misunderstanding things in this way. It is, instead, about the circumstances under which courts would be permitted to maintain certain records and settlements under seal.
On quick skim, the presumption against protective orders and the public health/safety information sharing pieces look familiar. I see in the sponsors’ public statement that they also seek to
Increasing the efficiency of courts. Where the legislation requires disclosure, the information learned will be shared among those with similar cases, increasing court efficiency by avoiding duplication of discovery battles in every new case.
I don’t know what that looks like, and so I’ll be interested to watch that.
Recently, I excerpted the expressed concerns of in-house counsel about ineffective mediators. Among the complaints was some mediators' refusal to see or acknowledge the other side's "irrationality" As Where's the Magic from the U.K. online Mediator Magazine...
By Victoria PynchonFrom John DeGroote's Settlement PerspectivesLast week we defined multi-step dispute resolution clauses and explored why a dispute resolution framework, negotiated before the contract is signed, can help businesses avoid litigation...
By John DeGrooteYou have made the decision that you want to grow your mediation and/or collaborative practice. You want to attract more referrals for collaborative and mediation cases, spend less time in...
By Elizabeth Ferris
