Preparing for Mediation

Many commercial and civil cases will end up in mediation. Mediation is the informal process in which the parties discuss and negotiate a possible resolution of their case with the help of a third-party neutral. The process works. As they anticipate mediation, parties often ask what they should do to prepare. Here are some thoughts.

Enforceable mediated settlement agreements in the COVID-19 Era

Mediations, like so many things in the world right now, are being conducted via Zoom and other web-based platforms. A recent Court of Appeals decision should give pause to anyone participating in a mediation conducted remotely. The decision in Mitchell v. Boswell deals with whether a settlement agreement signed on behalf of a party by that party’s attorney, is enforceable. The Court of Appeals concluded, based upon the language of N.C. Gen. Stat. § 7A-38.1(1), that such a settlement agreement is not enforceable.

Testifying before Congress, Court or a Deposition | Tips To Consider When Giving Your Testimony

Testifying before Congress, Court or a Deposition Testifying before Congress, in Court or in a deposition is something many people do not celebrate. I read some recent articles about Martin Shkreli, former CEO of Valeant,  and his recent testimony before Congress. Regardless of the issues surrounding Valeant and its corporate leadership, giving your testimony requires planning and preparation. It has been …