Articles & Publications

The National Hockey League Negotiations: Will Mediation Make a Difference?

Posted November 29, 2012 by Daniel P. Dozier in Alternative Dispute Resolution Publications, Articles & Publications

As the NHL lockout reaches its 10th week, it is hard from the outside to see any progress. Both the All-Star game and the Winter Classic have been cancelled and the two sides seem just as far apart as they were three months ago.
But one recent development which should delight hockey fans and ADR professionals alike is that the owners and players have finally agreed to mediation. Both sides have agreed that ongoing negotiations will be conducted under the auspices of mediators from the Federal Mediation and Conciliation Service.

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Federal Agencies Directed to Use Conflict Resolution to Resolve Environmental Issues

Posted November 2, 2012 by Daniel P. Dozier in Articles & Publications, Environmental Publications

Federal agencies have been directed yet again to use Alternative Dispute Resolution (ADR) techniques to resolve disputes. This time the Acting Director of the Office of Management and Budget and the Chair of the Council on Environmental Quality have directed relevant departments and agencies to "increase the appropriate and effective use of third-party assisted environmental collaboration as well as environmental conflict resolution to resolve problems and conflicts that arise in the context of environmental, public lands, or natural resources issues, including matters related to energy, transportation, and water and land management."

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California Confidentiality Statute Allows Clients to be Defrauded if Done During Mediation

Posted October 24, 2012 by Daniel P. Dozier in Alternative Dispute Resolution Publications, Articles & Publications

Does this heading get your attention? Because it is true, even if the statute allowing this was not designed to produce this outcome.

The strict California mediation confidentiality statute allows this outcome, according to the California Court of Appeals, the second such decision upholding the absolute ban on disclosure of any information if it originated in mediation.

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