The success of mediation is well known. In excess of 85% of all cases are settled when the parties come together to talk about their dispute, when each side has the opportunity to be heard and, most importantly, take an active role in crafting a resolution to the pending dispute. What is often noted by … Read more

A Neutral’s Role in Finalizing a Settlement

As litigants and mediators have long understood, by the time a case is resolved, the parties involved have sometimes worked for many hours on what can be a grueling process. Therefore, it is on occasion difficult at that point to start drafting a settlement agreement from scratch. It is helpful for a mediator to come … Read more

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