In a settlement conference, what is the value of having someone present with full authority to settle? If one party lacks the authority, it can result in aggravation, wasted court fees, and lost time for trial preparation. American Family Insurance (AFI) recently learned this to their cost in a dog-bite case in Washoe County, Nevada. Because Judge Janet Berry did not believe the insurers had complied in good faith with her rules on authority to settle, she found the company in contempt and sanctioned them $50,000. (more…)
Archive for the ‘Ethics’ Category
Settlement Conferences and the Price of Contempt
Just Court ADR, May 27th, 2014Illinois Expands Law Student and Graduate Representation in ADR
Just Court ADR, June 19th, 2013Yesterday, the Illinois Supreme Court announced changes to Rule 711 that explicitly permit qualified law students and graduates who have not yet been admitted to practice to provide ADR representation starting July 1, 2013. Consistent with previous requirements, law students and graduates will offer legal services with client consent, under attorney supervision. However, the revised rule allows law students and graduates to appear on behalf of clients in court-annexed arbitrations and mediations in Illinois courts and administrative tribunals, and to represent clients in nonlitigation matters. It also reduces the coursework required before applying for permission to provide services. (more…)
Illinois Rule Changes Increase Opportunities for Legal Representation in ADR
Just Court ADR, June 17th, 2013Illinois rule changes that may increase the availability of counsel for alternative dispute resolution processes take effect in two weeks. After July 1, 2013, it will be easier for lawyers to work with clients on one clearly defined portion of a civil legal matter without taking on other issues or proceedings within the case. Updated forms and procedures streamline representation for clients who wish to retain a lawyer for settlement negotiations only, understanding that the lawyer will not be responsible for taking the case to trial. (more…)
The Silent Space: Mediation Confidentiality, the Right to Privacy, and the Mediator’s Role
Just Court ADR, July 12th, 2012In her recent article in The Ohio State Journal on Dispute Resolution (and in previous articles here and a workshop here), Susan Oberman discusses the tension between mediation’s promotion of confidentiality and the constitutional right to privacy. While the article examines extensively the history of privacy, confidentiality, and constitutional/state law, I want to point mediators and court mediation program administrators to an issue of particular relevance for their practice. (more…)
