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What's New and Promising in Class-Action Mediation?
What's New and Promising in Class-Action Mediation? Basic goals in any class action include reaching broad relief for the class and finality for the defendant. The relief must be fairly noticed, claim-available and fair in relation to the multiplicity of claimants. One newly created instrument for aff... Read More

Jury Duty With a Mediator Mindset, Part 6: Conclusion
Jury Duty With a Mediator Mindset, Part 6: Conclusion Not only did I have the opportunity to see how a jury values a particular case, but also I gained insight into their thinking and decision making. Some of my assumptions were shaken; others were confirmed. I was concerned about the actual size of the... Read More

Jury Duty With a Mediator Mindset, Part 5: Jurors’ Interviews
Jury Duty With a Mediator Mindset, Part 5: Jurors’ Interviews I was released from the jury just prior to its retiring to deliberate the verdict. I was terribly disappointed that I was not going to continue to participate in a process I had talked about for years in mediation. However, I did maintain contact wit... Read More

Jury Duty With a Mediator Mindset, Part 4: Damages
Jury Duty With a Mediator Mindset, Part 4: Damages The jury’s methodology for determining damages was the most surprising aspect of the trial. The plaintiff’s lawyers submitted evidence showing the medical bills incurred by the plaintiff as a result of the injury were $95,000. The defense asserted so... Read More

Jury Duty With a Mediator Mindset, Part 3: Liability Issues and Causation
Jury Duty With a Mediator Mindset, Part 3: Liability Issues and Causation The plaintiff asserted the construction company had been negligent by failing to exercise due care in re-routing traffic away from the pothole. There was no question the construction company knew about the pothole; the issue was what duty it had to p... Read More

Jury Duty With a Mediator Mindset, Part 2: The Jury
Jury Duty With a Mediator Mindset, Part 2: The Jury Seven of us were selected to serve – six jurors and one alternate. I initially tried to guess who the alternate was but recognized it was futile. I had no real information from which to make that judgment. Our jury was composed of five men and two wo... Read More

Jury Duty with a Mediator Mindset, Part 1
Jury Duty with a Mediator Mindset, Part 1 This story begins with the receipt of a jury summons from the Orange County Courthouse in the first quarter of 2014. ... I had appeared for state court jury duty in the past but was never chosen to serve on the jury. I assumed this journey would enta... Read More

It’s a Wrap, Seattle
It’s a Wrap, Seattle Interested in teaching, learning, or networking with diverse alternative dispute resolution practitioners, educators, and consumers of ADR? Join the ABA Dispute Resolution Section at it’s 18th Annual Spring Conference in New York next April. Last ... Read More

Pre-Arbitration Preparation -- Being a Better Advocate
Pre-Arbitration Preparation -- Being a Better Advocate Efficient arbitration serves the interests of the parties in arbitration. Attorneys and arbitrators should understand what facilitates that goal of efficiency in order to reach it. Counsel should, right out of the box, provide all foundational docume... Read More

ADR Education on Display in Seattle
ADR Education on Display in Seattle Wednesday night (April 16, 2015), four teams of law students were given fact patterns in preparation for the semifinal rounds of the 2015 National Representation in Mediation Competition. Each team, consisting of two students, developed a presentatio... Read More

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