Conflict Resolution

Advanced Problem-Solving Strategies

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Parties to a mediation that results in settlement should have a clear understanding of whether their settlement agreement is enforceable.  Oral agreements generally will not suffice, and scrawled out term sheets also may not qualify as settlement agreements if they do not include language indicating that they are binding.  (For more information on the legal requirements for enforceability in California, check out this post on Vickie Pynchon’s blog.  The requirements for enforceability vary greatly from jurisdiction to jurisdiction.  Obviously it behooves people to be aware of them.) Is it worth the trouble to make sure that nobody goes home until the parties have set down in detailed, comprehensive, unambiguous, enforceable form, exactly what they have agreed to, so as to […]

This week, the Franken amendment to a Defense appropriations bill became law, forbidding most defense contractors from using mandatory arbitration clauses in their employment contracts. I have written about this subject on my law firm blog site previously. This legislation is part of a larger, continuing trend towards the elimination of mandatory arbitration in virtually all employment and consumer disputes. People in the ADR community may be concerned about this trend, but I think we should applaud it. The US Supreme Court in recent years went very far in the direction of upholding the enforceability of mandatory pre-dispute arbitration clauses (in contrast to the approach of the state courts in California for example). As a result of the inevitable backlash […]