Readiness Checklist for Mediation:
Eight Things You Should Discuss With Your Client Before Mediation
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- What is mediation and how is it different from court or arbitration?
- Why should the client consider mediation?
- What is the mediator’s role?
- What is the client’s role in mediation?
- Who may attend the mediation?
- Confidentiality in mediation
- Discuss joint and separate sessions (also called caucuses)
- Discuss whether an apology to or from a party might be appropriate
- Discuss whether the client will speak directly with the mediator and/or the other party
- Discuss whether an opening presentation at mediation is desirable or appropriate
- Are there desirable non-monetary solutions, such as future business or payment in-kind?
Cases Interpreting NRS 38.241; Vacatur of Arbitration Award—A Digest
Mere error in the application of the law is not grounds to vacate an arbitration award. Bohlmann v. Byron John Printz and Ash, Inc., 96 P.3d 1155, 120 Nev. 543 (2004).
An arbitrator manifestly disregards the law, so as to require vacation of arbitration award, when he or she recognizes that the law absolutely requires a given result and nonetheless refuses to apply the law correctly. Bohlmann v. Byron John Printz and Ash, Inc., 96 P.3d 1155, 120 Nev. 543 (2004).
Arbitrator’s manifest disregard of the law, so as to require vacation of arbitration award, is something beyond and different from a misinterpretation or error in applying the law. Bohlmann v. Byron John Printz and Ash, Inc., 96 P.3d 1155, 120 Nev. 543 (2004). (more…)
Can an Arbitrator be Removed During the Pendency of an Arbitration?
What do you do if you feel that the arbitrator appointed to hear your dispute isn’t providing a fair and impartial atmosphere in which your matter can be heard? Can you challenge the Arbitrator before he or she makes the final decision in the matter? What cause is sufficient to have an arbitrator removed? As is the case with so many questions in the law, the answer is: it depends. For the most part, parties to an arbitration who feel there is cause to remove an arbitrator are better off if it is a proceeding under the rules of the American Arbitration Association (“AAA”) or JAMS than if it a proceeding governed under the Federal Arbitration Act (“FAA”) or the Revised Uniform Arbitration Act (“RUAA”). (more…)