Author: Leslie O’Neal
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Confidentiality in arbitration–and afterward
Confidentiality in arbitration is more limited than many attorneys and parties believe. Confidentiality agreements can help protect sensitive information, but they’re not binding on courts considering post-hearing motions. This post gives guidance on keeping information confidential during and after arbitration.
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What is “good faith” in mediation? Is it enforceable?
By Leslie King O’Neal “They’re not here in good faith!” is an accusation mediators sometimes hear. But what does “good faith” mean in mediation? Is it the mediator’s role to decide if parties are acting in “good faith?” Should mediators report parties who violate “good faith” requirements to the court? Attorneys, mediators, judges and legal…
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Using Witness Statements in Arbitration
By Andrew Ness Witness Statements Gain Popularity in U.S. Arbitrations Of the many innovations gaining wider acceptance in U.S. arbitrations, use of fact witness statements in lieu of direct examination is leading the pack. For those considering the use of witness statements in an upcoming arbitration, this post outlines the procedures generally adopted, and the…
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Arbitration Awards: Avoiding Unfair Results
By Andy Ness How far can arbitrators go in fashioning an appropriate remedy without putting the arbitration award at risk of vacatur? A 2022 decision by the North Carolina Court of Appeals sheds light on what arbitrators can do when the contract’s remedy-granting provisions cannot be applied, but basic fairness calls for a remedy.[1] The…
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Mediated Case Management: Not an Oxymoron
By Leslie O’Neal If the parties are unable to settle at mediation, is that the end of the mediator’s role? Not necessarily! Impasse at mediation may not be “all she wrote” for the mediation process. “Mediated case management” allows the parties and the mediator to work together to make litigation or arbitration more efficient and…
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Categories
- "good faith" (1)
- "settlement privilege" (1)
- arbitration (6)
- arbitration award (3)
- case management (2)
- confidentiality (2)
- mediation (5)
- mediation preparation (3)
- mediation statements (1)
- private judge (1)
- privilege (2)
- vacating arbitration awards (1)
- witness statements (3)