There was a problem adding this course to your account. Please try again in a few minutes. If the problem persists, you can contact our support department at (877) 880-1335.
Adding Registration, Please wait...
You must be logged in to perform this action.
Log in
Cancel
It’s Not the Wild West: Determining Which Law(s) Governs Your Mediation
Mediators are expected to play the role of “Devil’s advocate,” questioning the strength or viability of the various legal arguments being asserted by parties and/or their counsel. In this context, mediators may dive deeply into the law applicable to the underlying dispute (and defenses).The parties may provide sophisticated though conflicting analysis of that law in the mediation briefing and during the session. But what about the law applicable to the mediation itself? What law governs whether, and if so, to what extent anything said or done in the mediation is discoverable in another case? Similarly, if one side must later seek to enforce a mediated settlement agreement, what law applies and in what court? There is often little thought given to the law that would govern these important questions—before, during or after the mediation session. And the sparse caselaw is surprisingly inconsistent in approach. This session will explore some of more interesting cases and hypotheticals as well as best practices for advocates and mediators.
1 Participatory MCLE Credits
Customers Who Bought This Item Also Bought
(OnDemand) The Do’s and Don’ts of Online Mediation
(OnDemand) Getting Past the Impasse: Effective Use of Persuasion & Influence in Mediation
(CLEtoGo (Podcasts)) 2020 Virtual Litigation Summit: Key to Competence: Be Mindful of Your Well-Being
(OnDemand) Ten Things the Zealous Advocate Can Do to Be a Better Negotiator in Mediations
(CLEtoGo (Podcasts)) Business Litigation Series: Attorneys' Fees: Best Practices for Litigating a Motion
(OnDemand) 2021 Litigation and Appellate Summit: The Art of Persuasion: A Conversation with Jim Brosnahan
(OnDemand) Building Persuasive Damages Models for Business Cases and Related Contract Drafting Tips
(OnDemand) Collaborative Practice Divorce and Prenups
(OnDemand) 2022 Litigation and Appellate Summit: How Diversity on the Bench Contributes to Access to Justice