Over a year ago, I reviewed an article in the ACR Conflict Resolution Quarterly, Fall- Vol 28, No. 1, by James A. Wall, Jr. and Suzanne Chan-Serafin, asking “Do Mediators Walk Their Talk in Civil Cases?” Wall and Chan-Serafin, along with Timothy Dunne have
now revisited the issue of mediator strategies (what I call "styles") to
analyze the relative consistency and success rates of different
mediation styles, as well as the settlement rates in particular types of
cases. Again, their data reveals some surprising and not so surprising trends.
Pilar Vaile, an Albuquerque, New Mexico attorney, arbitrator, mediator and Certified Administrative Law Judge, discusses procedural and policy issues confronting ADR professionals. For more information on the author, please see www.pilarvailepc.com.
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Saturday, April 14, 2012
Wednesday, April 4, 2012
More Inconsistent NM Arbitration Law
As an arbitrator, I get frustrated by and critical of New Mexico case law from time to time. Well, I guess it shows. See Arbitration in NM not in Line with US Supreme Court Decisions, NM Arbitration--State Supreme Court Bucks National Trends; but see Arbitration Clauses in NM--Agreement at the Extreme End.
As I've written elsewhere, and repeatedly, in Rent-a-Center, West, Inc. v. Jackson, 130 S.Ct. 2772 (2010), the U.S Supreme Court has
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