Private Arbitration Agreement
USAGE NOTE: I use an agreement like this in all private mediations. Private Mediation Agreement
USAGE NOTES: I use this form to make disclosures in AAA-administered arbitrations. I use a substantially similar form in private arbitrations and arbitrations administered by FINRA DR. Arbitrator Disclosure Template
USAGE NOTE: I commonly attach an exhibit like this to subpoenas (either for discovery of for the Hearing) I issue to third-parties in AAA-administered arbitrations. I may use a similar form in NASD-administered arbitrations and in private arbitrations. Enforcement of an arbitrator-issued subpoena to a third-party is the province of the courts, not the arbitrator. Exhibit to Third-Party Subpoenas
USAGE NOTE: The below represents the general form and content of the order I normally enter in AAA-administered arbitrations – where I am the sole arbitrator – following the initial preliminary hearing with the parties/counsel. It should be read in conjunction with the agenda letter and agenda I send out prior to the initial preliminary hearing. I use a substantially…
WHAT IS MEDIATION? Mediation is a process. The mediator attempts to facilitate an out-of-court settlement between the parties by building upon areas of common agreement and by challenging the parties and their lawyers to think critically about the case, potential outcomes, and the business and other risks which attend continued pursuit of the lawsuit. WHY ENGAGE IN MEDIATION? Litigation is…
USAGE NOTE: I ask all persons who participate in a private mediation (whether in person or by telephone) to sign a document such as the below. I will provide a copy of the fully signed agreement to all participants. Mediation Confidentiality Agreement