Alternative Dispute Resolution
Feb. 9, 2011
Has Mediation Been Hijacked?
The state Supreme Court appears to have overlooked the practicalities of mediation. By Nancy Neal Yeend and Stephen Gizzi of Gizzi & Reep LLP.
In 2004, Michael Cassel participated in mediation. In early 2005, he filed a malpractice action against the law firm that represented him, alleging that just before the mediation, his attorney unilaterally communicated a lowered settlement demand to the opposing counsel without Cassel's knowledge or consent.
In the lawsuit, Cassel offered evidence of the disclosure along with that of communications that occurred...
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