Fairness in court-affiliated mediation

Christopher Annunnziata, who blogs at ckamediation.com recently wrote a post entitled, “Is Court-Referred Mediation Fair?” My first instinct on reading any articles on fairness in court-connected mediation is to place them in this context of Nancy Welsh’s work and about Carrie Menkel-Meadow’s work. Nancy and Carrie have, to my mind, provided awfully thorough treatment of … Continue reading Fairness in court-affiliated mediation

Mediation, Probate, and Estate Planning

Lela Love and Stawart Sterk recently published an article, Leaving More than Money: Mediation Clauses in Estate Planning Documents, 65 Wash. & Lee L. Rev. 539 (2008). The abstract of their article reads: When probate disputes arise, an increasing number of courts have been referring those disputes to mediation. Estate planners, however, have been less … Continue reading Mediation, Probate, and Estate Planning

Alternatives to Alternatives: The EEOC’s Next Experiments

I read recently that the Equal Employment Opportunity Commission has voted to permit pilot projects aimed at developing alternative ways of processing EEO complaints.  I have not read the details of the draft regulation.  As I understand it, the principal motivation for the regulation is to encourage creativity and flexibility in the handling of these … Continue reading Alternatives to Alternatives: The EEOC’s Next Experiments

Lawyer Criticizes Employee Free Choice Act due to impact on Labor Arbitration

The Daily Labor Report had this story today about objections from labor law attorneys to the proposed Employee Free Choice Act: “The mandatory first contract arbitration provision of the proposed Employee Free Choice Act (H.R. 800/S. 1041) has a “constitutional problem” and if enacted will be challenged in court, a management attorney said June 10. … Continue reading Lawyer Criticizes Employee Free Choice Act due to impact on Labor Arbitration