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Arbitrator’s Immunity From Civil Liability

Is an Arbitrator in a civil matter immune from a party’s claim of negligence that occurs during the arbitration proceeding?  This is the question that was recently asked in a case heard before the...

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The Importance of Insurance Coverage in Mediating Complex Construction Claims

Thomas J. Pryor, Shareholder and Chair of Stark & Stark’s Insurance Coverage & Liability Group, has authored the article, The Importance of Insurance Coverage in Mediating  Complex Construction...

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Mediator Privilege Amended as of July 1, 2008

The mediator privilege is extremely important to the mediation process.  Without it, participants would have no confidence in the process and information necessary to assist the mediator in resolving a...

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Failure to Request Mediation Bars Claim For Attorney’s Fees

Public policy supports the resolution of disputes before a lawsuit is filed.  What happens when a contract calls for mediation prior to filing suit as a condition of securing attorneys fees, if the...

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Is There a Penalty for Failing to Provide Full Disclosure at a Mediation?

In the Matter of the Estate of Lillian L. Fischer, the Appellate Division of the Superior Court of New Jersey (Docket No. A-0091-10T2) determined that a failure to disclose information in a mediation...

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Changes Made to Rules for New Jersey Civil Presumptive Mediation Program

In a report published for its 2009 – 2010 term, the New Jersey Supreme Court Committee on Complementary Dispute Resolution came up with certain recommendations concerning changes in the New Jersey...

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Attention Mediators: Be sure to finalize your settlement agreement in writing

Mediators face yeoman’s work- bringing battling litigants together and assisting them to resolve their dispute without further resort to the judicial process is by no measure an easy task. However,...

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The Wonders of Mediation

The right to a trial by jury is a fundamental liberty, residing at the heart of Anglo-American jurisprudence. It is a core value which defines us as a people and traces its roots prior to the Magna...

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New Rules for Commercial Arbitration

Many franchise agreements require mandatory arbitration of disputes, and a substantial number fall under the supervision of the American Arbitration Association (“AAA”). The AAA has issued revised...

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In-House Counsel Have Mixed Opinions about Arbitration

A survey of in-house attorneys conducted in July and August of 2014 showed a split of opinion about whether arbitration generally turned out to be a better solution than litigation. 42 percent called...

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