Jonah Orlofsky will be speaking to the Chicago Bar Association’s Alternate Dispute Resolution Committee on May 3, 2012. The topic will whether law firms should include ADR clauses in their engagement letters. Jonah will be presenting with Robert Matlin, Vice President and head of the American Arbitration Association‘s Chicago office, and Mitchell Marinello, partner at Novack… Continue reading Should your firm’s engagement letter contain an ADR clause?
On a personal note, I continue to be involved in the resolution of many attorney-client disputes, and have recently published an article on whether retainer agreements can contain a fee provision in the Chicago Bar Association’s Record. With respect to the law that governs mediations, most participants tend to view the proceeding as one controlled… Continue reading What laws govern mediation?
Most lawyers think of mediation as a means of settling a lawsuit. However, a committee of judges and lawyers appointed by Law Division Judge William D. Maddux determined that Rule 20.1 of the Rules of the Circuit Court of Cook County (Court-Annexed Mediation) allows the courts to have discovery disputes sent to mediators. No one… Continue reading Mediation of discovery disputes
The court are generally agreed that as long as the basic terms are in writing, there is no need for a complete settlement agreement. In Murphy v. YRC, Inc., 2011 WL 3902760 (W.D. Tex. 2011), the parties had a written agreement at the end of the mediation, but a full release needed to be signed.… Continue reading How much of an agreement do you need at the end of a successful mediation?
In McGinley v. Florida, 2010 WL 5421320 (M.D.Fla. 2010), the prevailing party sought to include mediation costs as taxable costs recoverable under 28 U.S.C. § 1920. The court said they were not recoverable, which is not surprising given that the statute is fairly specific on what can be recovered, and mediation costs are not included.… Continue reading Mediation costs are not “costs”
It may seem obvious, but don’t rely on any facts and figures or other information provided during a mediation. In The Facebook, Inc. v. Connectu, Inc. (9th Cir. 2011), the parties settled a case in mediation, and then one side then sued the other that claiming they were defrauded in the mediation. (If you’ve seen… Continue reading Don’t rely on anything you’re told in mediation