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Articles

USA&M Midwest, Inc. is delighted to introduce our Best Practice Newsletter as well as articles written by our mediators over the years. To read any of these publications, please click on the title below.

May 2007 Issue

 Neither Jail or Surgery is Sufficient Excuse for Missing Court-Ordered Mediation By Kim L. Kirn
Arbitration Update By Robert Litz
Make Sure Your Mediation Settlement is Enforceable By Ronald Schowalter

February 2007 Issue

 Plaintiff's Experts Prevented From Testifying Because of Improper Disclosure of Mediation Materials By Ronald Schowalter
Objecting Party Cannot Be Sanctioned For Not Attending Mediation By Kim L. Kirn
Cutting the Cake Fairly By Michael S. Geigerman

Volume 1, Issue 3

Introduction to Mediation Checklist
Detailed Explanation of Mediation Checklist
Example of checklist in HTML
Mediation Checklist in MS Excel format

Volume 1, Issue 2

The Uniform Mediation Act: Do We Need It? Do We Want It?
Ten Suggestions For The Advocate Mediating The Complex Case
Clients Receive More Protection Under Structured Settlements Protection Act
Is there an arbitration clause in your employment agreement with your client?

Volume 1, Issue 1

The USDC., E.D. MO. has established a significant “Good Faith” component in court ordered mediations and will look into what happened during the mediation. Counsel should definitely comply with the court�s directives regarding mediation.
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When mediating with an agency of the Federal Government, keep in mind that communications in joint sessions are not confidential. If you wish to protect the confidentiality of the session, include a clause in your agreement to mediate that expands confidentiality protection.
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When mediating, consider the jurisdiction that will be ruling on issues pertaining to the mediation as different jurisdictions have different expectations of what mediator confidentiality means.
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The USDC., E.D. MO. has established a significant “Good Faith” component in court ordered mediations and will look into what happened during the mediation. Counsel should definitely comply with the court’s directives regarding mediation.
learn more