http://groups.yahoo.com/group/ArbitratorsAndMediators/ ADR: Alternative Dispute Resolution Mon, 05 Oct 2009 03:32:01 GMT leejayberman http://groups.yahoo.com/group/ArbitratorsAndMediators/message/493 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/493 Hi All, I just took this survey (22 rather well thought out questions) and suggest that you do the same to support a graduate research paper on commercial Sat, 03 Oct 2009 21:06:28 GMT Jen Geary http://groups.yahoo.com/group/ArbitratorsAndMediators/message/492 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/492   This research which appears to be linked to conflict management in developing countries sounds like it is a most worthwhile initiative.   Jen Geary, Dr. Wed, 23 Sep 2009 20:31:01 GMT cominetuk http://groups.yahoo.com/group/ArbitratorsAndMediators/message/491 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/491 A research degree student from RGU Aberdeen (ABS) is conducting a research in developing countries, their current legal and ADR (alternate dispute resolution) Thu, 17 Sep 2009 20:45:59 GMT JeffB http://groups.yahoo.com/group/ArbitratorsAndMediators/message/490 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/490 Come back from two weeks unplugged to find this thread lit-up again! And on mediation/confidentiality agreements. Here in Washington, with our version of the Wed, 16 Sep 2009 01:30:31 GMT bbehrend@... http://groups.yahoo.com/group/ArbitratorsAndMediators/message/489 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/489 Think of it this way: As a party to a mediation, I can still say what I said during the mediation. I can't say what I said at mediation. And probably more Tue, 15 Sep 2009 21:16:38 GMT Lee Jay Berman http://groups.yahoo.com/group/ArbitratorsAndMediators/message/488 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/488 Richard, I think this presumes that the eventual statement under oath would be consistent with the mediation opening statement. Essentially, I see Tue, 15 Sep 2009 20:48:12 GMT Jeffrey Poster http://groups.yahoo.com/group/ArbitratorsAndMediators/message/487 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/487 From my experience as a (now recovering) litigator in Texas, many attorneys are reluctant to mediate until 30 days before the trial date because of the issue Tue, 15 Sep 2009 20:18:42 GMT Marv Schuldiner http://groups.yahoo.com/group/ArbitratorsAndMediators/message/486 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/486 Here in NJ, we have a good UMA in place and strong rules of court/evidence addressing admissibility of mediation communications. If it is otherwise Tue, 15 Sep 2009 20:12:46 GMT Richard Klinger http://groups.yahoo.com/group/ArbitratorsAndMediators/message/485 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/485 Just to digress for one moment, I've participated in most of the topical discussions in this forum, but, I'm still a little hung up on one aspect of the issue Tue, 15 Sep 2009 19:46:37 GMT bbehrend@... http://groups.yahoo.com/group/ArbitratorsAndMediators/message/484 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/484 With some limited reasons for opting out, I would suggest that all adjudications be preceded by mediation. At the same time, I would want to "de-legalize" Mon, 14 Sep 2009 21:23:13 GMT Peter http://groups.yahoo.com/group/ArbitratorsAndMediators/message/483 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/483 I would propose that all construction-related disputes must first go to mediation prior to litigation or even arbitration. Over 30 states have already passed Mon, 14 Sep 2009 19:34:48 GMT leejayberman http://groups.yahoo.com/group/ArbitratorsAndMediators/message/482 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/482 Question: If you could propose any legislation about ADR and knew it would pass, what would you propose? (Hint: think carefully about unintended consequences Wed, 02 Sep 2009 03:02:41 GMT Peter http://groups.yahoo.com/group/ArbitratorsAndMediators/message/481 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/481 Colm, You're welcome. Of course there is no perfect answer to the amount of protection you might need in your agreements or whatever to protect yourself from Wed, 02 Sep 2009 02:29:20 GMT Colm Brannigan http://groups.yahoo.com/group/ArbitratorsAndMediators/message/480 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/480 Thanks for this Peter. It certainly would be useful to have an extra "buffer." We do not have a Mediation Act in Ontario so confidentiality is contracted for Tue, 01 Sep 2009 05:30:33 GMT Peter http://groups.yahoo.com/group/ArbitratorsAndMediators/message/479 http://groups.yahoo.com/group/ArbitratorsAndMediators/message/479 Lee Jay, We also like to sign an "extra buffer" to protect the privacy policies that we have. Two years ago, our state legislature passed the "Mediator's