Is Mediation Voluntary?
Mediation is usually voluntary although participation is sometimes mandated by contract or by the court. Settlement, however, can never be mandated. When settlement is reached, these mediated …
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Do I Need An Attorney For Mediation? Who Else Should Attend?
Parties must carefully consider who should attend the mediation. It is particularly important that people with decisionmaking authority be present. A written agreement is drafted as soon as …
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What Is The Aaa?
The American Arbitration Association is a private, nonprofit organization that provides guidance and rules for parties to follow in private arbitrations. It also maintains a list of qualified …
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Who Keeps Things Under Control?
After the initial airing of rules and views, the mediation enters a problemsolving phase. During this phase, often called the "Caucus Phase," the mediator holds one or a series of …
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What Is "Med-Arb" And Why Use It?
"MedArb," short for "mediationarbitration," is a twostep dispute resolution process that borrows from both methods of dispute resolution. Parties attempt to resolve their dispute in …
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