Category Archives: Mediation

How Does Litigation Funding Affect Mediation?

Litigation funding is a means of financing a lawsuit. A third party “invests” in the lawsuit, helping to pay for the costs of litigation, then collects a portion of the recovery. It mostly helps plaintiffs, especially parties who could not afford to sue, such as class actions. If its side does not prevail – in […]

Mediation Tragedy

Reports of violence associated with mediations are rare, but they do happen.  One occurred this week in Goldsboro, NC, where a client shot and killed his lawyer at the end of the mediation, then killed himself. While details of the mediation itself are sketchy, reports are that a personal injury mediation was taking place at […]

More Litigation About Mediation

One of the most interesting mediation articles I’ve read was called “Disputing Irony” by Prof. James Coben, 11 Harvard Neg. L. Rev. 43, 98 (2006). He and his team at Hamline Law School surveyed all the U.S. appellate court cases, state and federal, 1999-2003, that mentioned “mediation,” to see why cases that should have ended […]

ADR Section Recommends More Mediator Disclosure

What should mediators disclose to parties who are considering appointing them as their mediator? Mediators are supposed to be neutral, so parties want to know about any connections a mediator may have with a party or attorney that might make them biased. The Michigan Mediator Standards of Conduct provide guidance on this. They require mediators […]

Enforceability of NDAs

Following up on my post on November 27, 2021, regarding mediating Non Disclosure Agreements (NDAs), two scholars have just written an article for on the legal enforceability of NDAs. They cite only a few cases, but conclude that courts are signaling “a willingness to rein in the most egregious abuses” of NDAs where they […]


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