From the monthly archives: November, 2016
We are pleased to present below all posts archived in 'November, 2016'. If you still can't find what you are looking for, try using the search box.
In his blog post for Nutter McClennen & Fish, John G. Loughnane writes that the Massachusetts Appeals Court recently refused to override the terms of a mediated agreement. According to Loughnane, the opinion is noteworthy because it confirms mediation confidentiality and encourages parties dealing with distressed situations to have a careful strategy, including a strategy for agreements that are reached in mediation.
The court notes that the statute:
"gives broad confidentiality protection to mediation communications, barring disclosure in any judicial or administrative proceeding, and creating only one express exception for the mediation of labor disputes. Significantly, the statute does not include an exception for fraud. In light of that omission, we would be hard pressed to find that such an exception exists in the circumstances of this case, where there is a confidentiality agreement, negotiated between sophisticated business people with the assistance of legal counsel, that is even broade ...
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In her article in the Los Angeles Daily Journal, Lizbeth Hasse, a JAMS neutral, suggests that trade secret cases "present concerns that generally motivate early ADR efforts." The author discusses the intersection of ADR procedures and the Defend Trade Secrets Act. In summary, the author concludes that trade secrets cases are expensive, need to move quickly, and the parties may not want the publicity associated with a trial, making these disputes appropriate for early mediation.