Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Mediation: Three Discernible Methodologies
In addition to collaborative divorce, another alternative to litigation is mediation. Mediation is a 'consensual dispute resolution process in which a specially trained neutral third party helps disputants to identify issues, clarify perceptions and explore options for a mutually acceptable outcome.' http://courts. state.ny.us/ip/adr/What_Is_ADR.shtm. Within this broad definition, three discernible methodologies have emerged: facilitative (sometimes referred to as directive); transformative; and understanding-based. Most mediators practice some hybrid, often borrowing from one another's techniques and philosophical underpinnings in order to adapt to the needs of each set of clients. Within these three different models, there are varying views of the role of the mediator, as well as the role of the law and of lawyers.
Before analyzing how each model of mediation incorporates attorneys, it is important to recognize that there are certain benefits to mediating that flow, fairly consistently, to attorneys and their clients, regardless of the mediation methodology. The most significant among these is control.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.