Category Archives: Mediation

Mediator Opinion in Joint Statement Settling Ku v. Case Western Reserve Law School and Lawrence Mitchell Case

July 8, 2014 Sarah Cole 1 Comment

I am sure that many followers of this blog are aware that Raymond Ku, a professor at Case Western Reserve University’s Law School was suing its former Dean, Lawrence Mitchell, as well as the school. The case, Ku v. Lawrence E. Mitchell, et al., Cuyahoga County Court of Common Pleas Case No. CV 13 815935, … Continue reading Mediator Opinion in Joint Statement Settling Ku v. Case Western Reserve Law School and Lawrence Mitchell Case →

“Suck it” for $80,000 Alex

March 14, 2014 art hinshaw

News reports from Florida tell us that confidentiality clauses in settlement agreements are enforceable. From the opinion in Gulliver Schools, Inc. v. Snay, which can be found here. And, a tip of the cap to Lowering the Bar ————————– On November 3, 2011, the parties executed a general release and a settlement agreement for full … Continue reading “Suck it” for $80,000 Alex →

The NFL Concussion Settlement

August 30, 2013 art hinshaw 4 Comments

I haven’t had the time to review the terms of the NFL’s concussion settlement with former players, but I’ve heard a lot of news coverage of it. On the Valley’s two morning drive-time sports talk shows (one local, one national) there was a lot of talk about the settlement and judging of winners and losers. … Continue reading The NFL Concussion Settlement →

Mediation and Three Other Words

August 28, 2013 art hinshaw 3 Comments

Earlier this summer my wife was visiting w/ one of her law school classmates on a leisurely Sunday morning. As they were catching up, the friend mentioned that someone in her office had agreed to renew as an adjunct at one of their local law schools. Originally, the friend’s colleague was asked to teach Property, … Continue reading Mediation and Three Other Words →

FINRA Dispute Resolution Pilots Telephonic Mediation for Small Claims

January 17, 2013 Jill Gross

FINRA Dispute Resolution announced yesterday that it will launch a pilot program to offer pro bono or reduced-fee telephonic mediation to parties whose dispute has a dollar value $50,000 or less. Kudos to FINRA for devising this low cost option to benefit investors of modest means whose claims are too small to make an arbitration … Continue reading FINRA Dispute Resolution Pilots Telephonic Mediation for Small Claims →

Regulating the Rogue Mediator

November 29, 2012 art hinshaw 5 Comments

At the Works-in-Progress Conference at Ohio State (again, great job putting the conference together) I presented an early draft of a paper entitled Regulating the Rogue Mediator. The abstract is below, and yes it is the longest abstract in the history of mankind. At present the private practice of mediation is unlicensed and unregulated. Barriers … Continue reading Regulating the Rogue Mediator →

UN Guidance on Effective Mediation

October 7, 2012 mmoffitt@uoregon.edu 1 Comment

The UN recently released its guidance for international mediators. Press release here. Formal document here. I can’t say that I’ve read it with great care. The first thing that jumped out at me was its treatment of the topic of impartiality. I would not have guessed the UN, in particular, to have been so insistent … Continue reading UN Guidance on Effective Mediation →

Penn State hires Feinberg to mediate Sandusky sex abuse claims

September 21, 2012 art hinshaw 2 Comments

According to this piece in the Philadelphia Inquirer, Kenneth Feinberg has been hired to mediate the civil claims against Penn State University as part of the Sandusky sexual predator scandal. According to the article: “We are seeking to make sure we do the right thing in terms of providing a just outcome for the victims,” Penn State president Rodney … Continue reading Penn State hires Feinberg to mediate Sandusky sex abuse claims →

Arizona Foreclosure Mediation – Part 1

June 28, 2012 art hinshaw 2 Comments

Last week at the Arizona Bar meeting my colleague Timothy Burr presented a progress report for the Foreclosure Mediation Unit of ASU’s Lodestar Dispute Resolution Program. The program was well attended and has generated some buzz in the legal community. In some sense this was the FMU’s coming out party as we’ve been keeping a … Continue reading Arizona Foreclosure Mediation – Part 1 →

Publicizing Mediation Successes

June 11, 2012 art hinshaw 3 Comments

While mediation is common in the legal system, the public is not very familiar with mediation and what happens in the process. This lack of familiarity is not helped by mediation on the big or little screens (see Wedding Crashers or Fairly Legal) or by the confidentiality protections that keep people from discussing their mediations … Continue reading Publicizing Mediation Successes →