News

News Update from Keith Seat's Mediation News for the 21st Century:
Initiating Litigation Isn't Refusing Mediation If Other Party Hasn't Sought It

A mediation provision in a real estate contract required a party who refused to mediate and then lost in litigation to pay the other party’s attorneys’ fees.  A federal appellate court, however, concluded that there must be a request for mediation before there could be a refusal; simply filing the litigation was not sufficient to prove a refusal to mediate.  Thus, since the defendant who prevailed in the litigation had not sought to mediate, the plaintiff had not refused and was not responsible for paying defendant’s attorneys’ fees. 

Thompson v. Cloud, Nos. 13-1120, 13-1121 (U.S.C.A. 1st Cir., August 20, 2014)

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Events

IAM 2014 Fall Conference
October 23-25, 2014

Working on Mediation in the City That Works

This program will be relentlessly practical in its orientation, with a focus on learning how to improve our mediation practices and approaches. We will collaborate with and learn from professionals in other fields as well as each other. Each topic will reveal how we can work differently to be more effective as mediators.

Starting with "The Art of Mediation" presented by The Chicago Bar Association and the International Academy of Mediators ... to register click here!  or download a copy of the brochure (pdf format) here[please note that you need to register separately for the pre-conference sessions]

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 IAM-Kluwer inaugural Webinar



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