Resolution Roundtable

What unique challenges are triggered during a mediation when negotiating in the caucus phase?

Please provide your thoughts/comments below.

How important is it for mediators to summarize, review, and synthesize information
gathered at various stages of the mediation process?

Please provide your thoughts/comments below?

See below, Neutral Notes - Fall 2019 by the Jacobs Center for Justice and Alternative Dispute Resolution:

Neutral Notes.pdf

When handling an arbitration in the cannabis sector (or another underlying matter that might be illegal on a federal level or state level) where the issue of confirmation of an award or other court intervention could present difficulties where a court might fail to exercise jurisdiction as a matter of public policy, what do you do?

Please provide your thoughts/comments below.

In a case with frequent discovery issues, should an arbitrator or Tribunal schedule weekly status calls? Have you ever had a matter where one party (perhaps as a posturing techniques) provides notice that a court reporter will cover a status call? Should an arbitrator or Tribunal suggest that repeated threats to have a court reporter cover such status calls be discouraged and reconsidered because the arbitrator discourages guerrilla warfare for discovery issues?

Please provide your thoughts/comments below.

When one party accepts a proposal and the other does not at the conclusion of a mediation, what type of follow up, if any, should there be by the mediator?

Please provide your thoughts/comments below.

If you missed the NYSBA Dispute Resolution Section: Under the Radar Case Law Developments in Domestic Arbitration program held on Tuesday, September 10th, you can now download below the terrific case law summaries prepared by Al Feliu.

Thank you to the co-chairs of the Arbitration Committee Dani Schwartz and Mansi Karol for putting together such a thoughtful program.

NYSBA DR Section CLE Presentation - September 10 2019.pdf

Have you participated in an arbitration in which the agreement to arbitrate was made only after the parties had gone several rounds in court? If so, what were the considerations that convinced both sides to move their dispute to arbitration? Were they principally motivated by cost? By confidentiality? Was the court ill-suited to resolve the kind of dispute at issue?

Please provide your thoughts/comments below.

Would concerns about employment arbitration be altered if there were greater transparency? How could that be accomplished?

Please provide your thoughts/comments below.

Should mediators orchestrate 'who says what' during a mediation joint session?

Please provide your thoughts/comments below.

Thank you to Harold Coleman of AAA Mediation.org for this week's question.