Georgia Enacts the Uniform Mediation Act

Effective July 1, 2021, Georgia becomes the thirteenth state to enact the Uniform Mediation Act (the “Act”).1 The Act, which was drafted in cooperation between the American Bar Association’s Section of Dispute Resolution and the National Conference of Commissioners on Uniform State Laws, offers uniform standards for mediators and parties who agree to participate in … Read more

What is the “Mediation Privilege?”

Much has been discussed over the years as to the importance of maintaining the concept of confidentiality as part of the mediation process. Any concern relating to lack of confidentiality during the process would risk the incentive of openness and honesty during settlement discussions. In that the concept of confidentiality is crucial for a successful … Read more

Creating Constructive Ideas to Reach a Solution

One of the unique benefits of participating in a mediation is opening the door and allowing another voice to enter the room. Litigants and their counsel will readily admit that after protracted litigation and the ongoing acrimony that often escalates within a dispute, it is oftentimes very difficult for the parties involved to manage their … Read more

The Shifting Laws Relating to Non-Disclosure and Confidentiality Provisions in Settlement Agreements

Mediators who work in the employment arena helping to resolve employee claims for discrimination, harassment or retaliation are facing new challenges when it comes to the issue of including standard provisions in their settlement documents that address the confidentiality and non-disclosure of the terms of the agreement. Typically, an employer’s motivation for reaching a pre-trial … Read more

Creative Thinking in Mediations

The black robed judge peered over the elevated large wooden bench and spoke to the litigants with a stern tone. “I’m suggesting that the parties attempt to mediate their dispute. Why? Because all I can do from the bench is issue a money judgment either for or against one of the parties. But in mediation … Read more

The Mediator’s “Proposal”: Is it worth it?

It is certainly not that uncommon to be in a mediation where one side feels that it has moved to its “lowest number” while the other side has reached its “highest number” and the gap cannot be overcome. It is at a juncture like this where mediators can choose to insert themselves into the negotiation … Read more

Mediation as a Platform For Settlement Negotiation

Certainly, when parties are otherwise unable to reach consensus on a settlement, the decision to utilize mediation as another method to enhance discussions is oftentimes a positive choice. Mediation offers the parties a new “playing field” where each side can arrive with a new perspective on resolution. Mediation offers the opportunity to include a third … Read more