By Dr. Justin Wood, Th.d., CJME This is a blog post of a letter I write FINRA in response to their questions asking advise on the proposed elimination of non-attorney representatives in arbitration. I would like to comment on NAR (non-attorney representative) firms, individuals or others that participate in arbitration. ADR (alternative dispute resolution) was…
By: Dr. Justin Wood, Th.d, CJME Preface Primarily: I am not saying all attorneys who practice mediation are unethical but there are many who clearly violate both mediation and attorney ethics rules. Secondarily: Anyone setting as a mediator must adhere to a guideline of neutrality, ovoid using private and confidential information against a participant, forbid…
By: Dr. Justin Wood, Th.d, CJME Yes, mediation and arbitration can be combined. There are some benefits, but it can be tricky and may not always be advisable. A hybrid mediation-arbitration approach called “med-arb” combines the benefits of both techniques. Conflicting parties first attempt to collaborate on an agreement with the help of a mediator….
