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…)
Posts Tagged ‘ethics’
Settlement Conferences and the Price of Contempt
Just Court ADR, May 27th, 2014RSI Talking about Research and Ethics at the ABA Dispute Resolution Section Conference
Jennifer Shack, March 28th, 2013If you’re going to the ABA Dispute Resolution Section’s Spring Conference in Chicago next week (April 3-6), I’d like to invite you to a lunch discussion during the Court ADR Symposium on Wednesday. I’ll be facilitating the discussion, “Developing a Structure and Process to Set the Mediation Research Agenda,” which will explore the possibility of taking research about ADR in the court context to a new level through the creation of a national Court ADR Research Consortium. (The ABA requires lunch registration.) (more…)