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Young lawyers wanting to better serve their clients should become familiar with mediation, says Randy Westgate, Director of Mediation at Judicare Legal Aid.

A mediation term sheet created as a prelude to a final settlement agreement is unenforceable because several of its material terms are indefinite, the Wisconsin Court of Appeals has ruled in an unpublished opinion.

A circuit court erred by ruling that whether a party had waived its right to arbitration by its litigation conduct was a decision for the arbitrator rather than the court, the Wisconsin Court of Appeals has ruled.

A credit union violated the duty of good faith and fair dealing by adding a retroactive arbitration clause and class action waiver provision into its membership agreement, the Wisconsin Court of Appeals District III has ruled .

As tension hangs over the fall session of Wisconsin's legislature, these are the issues that the State Bar and its practice sections will be monitoring.

Blogs selected for this column are published through the State Bar of Wisconsin's section blogs and WisLawNOW, the State Bar's aggregated community of Wisconsin legal bloggers.

A Green Bay police detective failed to demonstrate that an arbitrator manifestly disregarded the law when he upheld the detective’s demotion, the Wisconsin Supreme Court has ruled.

Mediation submissions are often seen as a necessary chore, and there’s little guidance as to what should go into them. By keeping in mind the various members of the audience of your statement, and addressing a few critical topics, lawyers can set the stage for an efficient and effective mediation, writes David E. Jones.

Blogs selected for this column are published through the State Bar of Wisconsin's section blogs and WisLawNOW, the State Bar's aggregated community of Wisconsin legal bloggers.

Time is often the secret ingredient to a successful mediation, writes James Mathie. So, prepare to use the patience so time can work its magic.

Explore the advantages and disadvantages of arbitration compared to litigation based on the goals of fair and efficient procedure, correct results, and minimizing adverse collateral consequences of the dispute resolution process; and the criteria that should govern the choice between those dispute resolution modes.

Michael Cohen says lawyers who represent business clients will benefit from learning more about trending topics in business litigation and dispute resolution.

The availability and approval of COVID-19 vaccine administration for children presents new challenges for parents with joint legal custody who disagree about whether to vaccinate their children. Erin Idler explores the legal standard and role of a guardian ad litem in resolving such disputes.

Mediation is protected by Wis. Stat. section 904.085, which makes mediator testimony inadmissible, subject to limited exceptions. Paul Stenzel takes a closer look at a recent divorce case where the mediator testified in a post-judgment dispute thateventually went to the Wisconsin Court of Appeals.

How often do lawyers evaluate why they are being chosen as a mediator for a particular case? Brent Smith discusses the factors that parties and their attorneys consider when choosing a mediator.

Ralph Weber explains how anchoring – specifically, the enduring effects of exposure to an initial number on later decisions – can help or hinder your work as a lawyer.

Marquette University Law School has developed one of the top-20 dispute resolution programs in the country. Two students from this program have joined the Dispute Resolution Section Board as student liaisons this academic year. Mary L. Ferwerda introduces the program and the students.

A Dane County couple did not forfeit their right to object to an arbitrator’s conduct by waiting until after the evidentiary hearing to make the objection, the Wisconsin Supreme Court has ruled.

In early March, President Joe Biden signed a new law banning mandatory arbitration for workplace sexual assault and sexual harassment claim. Holly Pomraning discusses the act and its implications for employers.

Divorce can be costly – an alternative is mediation. But what if the parties already must go through cultural mediation before a divorce? Chue Xiong discusses how to incorporate cultural mediation into your mediation practice – which may be the mosteffective way to obtain a divorce.

With appropriate guidelines and oversight, parent coordinators can help resolve disputes between parents after divorce, quickly and cost effectively.

It is important to maintain an ethical awareness when in the midst of mediation or legal negotiations, says James Mathie. He discusses ethics surveys of lawyers that have some surprising results, and provides several strategies to maintain your ethical awareness.

There are significant negative consequences from our unconscious assumptions. Lisa Derr provides seven steps to begin changing our unconscious bias and incorrect assumptions.

As mediators, we need to think about our presence. How do our attitudes and beliefs affect the mediation process? Paul Stenzel discusses how maintaining a positive attitude while acknowledging your biases strengthens your mediation skills.

When one family unit becomes two, differing opinions on appropriate use of social media can arise. Ashleigh Hacker discusses the rise of “sharenting” and considerations for divorce attorneys in negotiating parental agreements.

There are many different ways to achieve a mediation agreement. Nancy Mills suggests alternative ways for both parties to achieve desired results.

Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

In complicated cases, neutral evaluations may be a better method of dispute resolution. Roy Wagner discusses when and how to use this close cousin of mediation.

In the Hmong community, clan leaders participate in the mediation of divorce cases. Chue Xiong discusses the importance of clan mediation, and why it is important that attorneys participate.

Legal language creates barriers to understanding. Mary L. Ferwerda discusses how incorporating concepts of “plain language” into dispute resolution documents, such as agreements to mediate and the resolution agreements, can improve parties’ understanding and compliance with the stated terms.

The new trend of virtual mediation has been around for a while now. Michael D. Rust discusses lessons learned from 150 mediation referrals during the pandemic, and how the use of online dispute resolution is translating to the users of the services.

When a mediation is heading into overtime, do you continue or reschedule? Brent Nistler discusses the pros and cons of continuing mediation when it takes more time than expected..

Effective representation – whether a mediator or lawyer – requires understanding not just the parties’ points of view, but how your own biases may impact the process. Lisa Derr offers seven tips for mediators to improve their cultural awareness.

Important keys to a successful mediation: Maintaining neutrality and keeping in check the emotions of the participants – including the mediator. Judy O’Connell discusses ways to stay neutral and create calm in the mediation process.

International commercial arbitration is increasingly important for U.S. lawyers and their clients, including those in Wisconsin. A particular sticking point is discovery, procedures for which differ within and outside the United States.

Settlements allow creativity in developing a case-specific plan, but not all settlement negotiations are equivalent. The authors recently conducted a survey to learn more about factors that promote successful settlements. One key finding is that negotiators' skills matter.

Early neutral evaluation is an available and alternative option for resolving civil cases quickly and efficiently. Marta Meyers discusses the issue, saying that it may be time to attempt early neutral evaluation more earnestly and more often in Wisconsin.

Proper preparation can help you maximize results for your clients during their mediation session. Jill Sopha shares her favorite tips for advocates in mediation.

A survey of judges provides some insight on the mediation landscape in Wisconsin.

Mediating by video conference is not as straightforward as in-person sessions. Lisa Derr and retired Judge Charles Kahn share their perspectives on how they have adapted to technology in the era of social distancing including accessibility, neutrality, and confidentiality.

Caucusing in mediation is useful way to exchange information and provide a safe place to reality check, brainstorm, and examine feelings. Cathy A. Warmington discusses the ins and outs of caucusing in mediation.

The decision in Ponfils Trust is a cautionary tale about according mediation agreements their due. James Mathie points out that preparing for agreements ahead of time can be the key to getting them right at the end of a long mediation.

Adversarial, collaborative, cooperative, or mediation? Choosing the method in family law matters depends on your client’s situation. Margaret Hickey discusses what to consider when selecting an approach to resolving family law cases.

Mediation may seem like a traffic jam, but with the right mediation tools situations can successfully merge into a solution. James Mathie lists a few ways lawyers can set up a mediation for success.

Proper preparation can help you maximize results for your clients during their mediation session. Jill Sopha shares her favorite tips for advocates in mediation.

Business clients count on their lawyers for advice about avoiding or handling disputes before or when they arise. For fast and accurate guidance and solutions, turn to Business Litigation and Dispute Resolution in Wisconsin from State Bar of Wisconsin PINNACLE®, newly revised and expanded for 2019.

When the way lawyers comport themselves reflects on the profession, it is important for lawyers to behave with the same civility in depositions as in the courtroom. Tom Donnelly proposes a way to end bad behavior in depositions via courts’ scheduling orders that contain specific provisions on civil behavior.

The Wisconsin Supreme Court recently held that a circuit court judge who appointed a referee to resolve disputes delegated authority that he could not delegate. Margaret Hickey discusses the case and its implications when using third-party decision-makersin family law.

Dispute resolution is a useful tool in resolving professional liability cases. Perry Granof explores various dispute resolution procedures, including their efficacy and advantages and disadvantages.

Lawyers have many different tools to negotiate the best possible outcomes for clients. But Marquette University Law School Professor Andrea Kupfer-Schneider says five skills in particular will help lawyers achieve negotiating success.

Listening closely and carefully is one of the most effective tools of the family court mediator. Nancy Mills discusses this subtle mediator skill that helps the mediator bring adversarial parents to an agreement that places the needs of the child first.

Certain legal disputes may be better handled by two neutral parties working together to help the case reach a resolution via co-mediation. Roy Wagner discusses when two heads are better than one.

Two neurosurgeons will head back to circuit court to determine whether their contractual dispute must go to arbitration, now that the Wisconsin Supreme Court has reversed an appeals court decision that the dispute must be arbitrated

Mandatory mediation in elder law can save court resources and reach creative solutions that preserve family relationships and allow the elder’s voice to be heard, says Julie Short.

What should you say when your client asks, “Can I recover attorney fees?” While rare, there are several circumstances where clients can recover fees in construction disputes. Lauren Triebenbach and Mark Schmidt outline different grounds for attorney fee recovery.

Howard Myers says pre-mediation conferences can enhance the parties' opportunities to reach a compromise by removing traditional mediation's impediments from the process.

An arbitrator awarded $10 million in damages to 174 employees in a class arbitration action for wage and hour violations originating in Wisconsin. But the U.S. Court of Appeals for the Seventh Circuit now says that award must be revisited.

When valuing a case, lawyers should look beyond the legal issues to consider the client's personal costs and benefits of litigating. Jill Sopha discusses BATNA, or Best Alternative to a Negotiated Agreement, a formula to calculate the value of litigating a case.

Jim Mathie discusses how perspective taking can help to solve difficult puzzles in mediation.

There are many hurdles and pitfalls when it is your job to find common ground with parents involved in custody disputes. Nancy Mills discusses her techniques to help parents overcome their issues and put their children first.

Trials rarely happen anymore. Wood Foster says the long-term consequences of this trend is damaging for the public and the legal profession.

Former Sheboygan County Circuit Court Judge James Bolgert was attracted to a mediation practice because he believes in using mediation to resolve family disputes. "And mediation with attorneys works well with a schedule in which some days are reserved for higher things (grandparent work)," he writes. "Pro se mediation reminds me of practicing law: You get calls."

A new tax code provision that disallows deductions for settlements subject to nondisclosure agreements may be significant for both sides of a sexual harassment claim.

Litigation is a costly endeavor – in time, money, and the stress involved. With more cases now heading first into mediation, what are some ways to maximize the chance of a durable resolution for both parties?

In these tumultuous times, the American Bar Association's annual Mediation Week is an opportunity to reflect on and consider the value of mediation for addressing conflict in our lives. Lisa Derr and Amy Koltz offer seven tips for learning, engaging in, and sharing about mediation.

Don’t avoid representing clients with claims against brokers or firms because of negative stories about compulsory alternative-dispute resolution. The securities industry’s arbitration process under the Financial Industry Regulatory Authority (FINRA) levels the playing field between large brokerage firms and individual investors.

The Seventh Circuit Court of Appeals has ruled that U.S. Soccer’s governing body properly authorize the promotional use of player images without consent from the labor organization that represents the U.S. Men’s National Soccer Team.

The primary goal of mediation is to reach a settlement; nearly as important is conveying information during mediation in such a way that Wisconsin’s mediation privilege protects the communications. This article discusses the privilege and its three general exceptions.

Nursing-home residents and their families may, by signing on the dotted line, lose their ability to take care and treatment disputes to court. The authors discuss characteristics of the typical nursing-home admission process and the enforceability of arbitration provisions in nursing-home admission agreements.

No matter the number of beneficiaries or the size of the estate, family feuds about inheritances can result in permanent estrangement. Mediation is a cost-effective, efficient mechanism to resolve such disputes and mend and even strengthen formerly broken ties.

May 20, 2015 – Lawyers often begin negotiations by demanding too much upfront, causing both sides to stall out before reaching an agreeable result. By better understanding how to bargain and developing a plan of movement, you can avoid this dead end, says attorney and mediator J. Anderson Little.

The Wisconsin Supreme Court recently ruled that an arbitration panel, not a court, must decide whether a real estate company timely made a request to arbitrate issues on costs and attorney’s fees against another real estate company.

Russell Ware advises knowing when and with whom to share information during the run-up to mediation can be the key to a successful result for all parties.

A “John Doe” plaintiff who was sexually abused by catholic priest in 1974 settled his claims with the Archdiocese of Milwaukee for $80,000. Recently, a federal appeals court said the plaintiff cannot resurrect the claim in bankruptcy court.

Increasingly, the U.S. Supreme Court has interpreted the Federal Arbitration Act to apply to parties of unequal bargaining power, making it more difficult for individuals and businesses subject to adhesion contracts to exercise their legal rights.

Aug. 20, 2014 – In this video, Madison attorney Marie Stanton talks about good practices to bring cases to successful mediation and offers three tips on how to get there.

July 16, 2014 – Originally recorded atthe2014 Litigation, Dispute Resolution & Appellate Practice Institutein May, these sessions offer you the chance to watch replays of Institute presentations.

Howard Myers explains the basics of ADR and discusses the advantages and disadvantages of mediation.

Russ Ware recommends requesting confidentiality in a settlement agreement early in a mediation.

May 7, 2014 – Some states regulate mediators. Wisconsin does not. Should the practice of mediation be regulated in Wisconsin? In this article, two attorney-mediators discuss that question, including one that helped lead North Carolina’s effort to regulate mediation.

A circuit court was right to deny a real estate company’s request to compel arbitration against another company’s realtor on the issue of attorney fees and costs because the request came too late, a state appeals court has ruled.

March 5, 2014 – Find the experience and topics you need to hone your skills and advance your career at the State Bar of Wisconsin PINNACLE® 2014 Litigation, Dispute Resolution, and Appellate Practice Institute on May 22 and 23.

Want to refine your courtroom skills and delivery? Looking at procedure and performance from a different perspective, like that of a judge, can be very helpful, and the State Bar of Wisconsin has a perfect opportunity to do just that. You can take the bench while volunteering as a judge at the National High School Mock Trial Championship in Madison from May 8 to 10.

Aug. 21, 2013 – Tune in to special encore webcast CLE/EPR programs from the spring 2013 State Bar of Wisconsin PINNACLE® Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law institutes in August and September. Earn up to 19 CLE credits and 3 EPR credits. Institute attendees can view these webcasts at no additional charge.

Assembly Bill 40 – more commonly referred to as the “budget bill” – passed through both legislative houses last week with only a few technical changes to the governor’s original proposal. Now the bill heads to Gov. Walker, so he can sign the bill into law.

May 20, 2013 – Nationally recognized government scholar Charles Franklin drew a large audience when he presented “Divided Wisconsin: What Unites and Divides the Citizens of the State?” last week at the State Bar PINNACLE Institute.

May 17, 2013 – Renowned civil rights attorney Morris Dees reminds lawyers they hold the key to the gates of justice, and everyone deserves a seat at the table. Dees spoke yesterday to attendees at the State Bar of Wisconsin PINNACLE® Litigation, Dispute Resolution, and Appellate Practice Institute, which concludes today.

When clients seek help resolving disputes, put another option on the table. Facilitative mediation can leave them more satisfied than litigation, and at a lower cost.

In the absence of an clear agreement, Wisconsin arbitration law limits discovery in arbitration proceedings, the Wisconsin Supreme Court has clarified.

March 20, 2013 – Morris Dees, who has litigated against the most powerful hate groups in America as the Southern Poverty Law Center’s chief trial counsel, is a featured speaker at the upcoming Litigation, Dispute Resolution, and Appellate Practice Institute.

Dec. 28, 2012 – An alternative dispute resolution (ADR) agreement designating the National Arbitration Forum (NAF) as arbitrator using NAF rules and procedures is unenforceable, a state appeals court has ruled, because NAF is no longer available.

Dec. 19, 2012 – Twenty-six sessions from the State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice, Real Estate & Business Law, and Health, Labor & Employment Law institutes will be available as webcast seminars in January. Institute webcasts are free for institute attendees and are included in the cost of the Ultimate Pass.

Aug. 15, 2012 – Seventeen sessions from State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law June institutes are now available as webcast seminars. More sessions will be announced as they become available.

Aug. 15, 2012 – Seventeen sessions from State Bar of Wisconsin PINNACLE Litigation, Dispute Resolution & Appellate Practice and the Real Estate & Business Law June institutes are now available as webcast seminars. More sessions will be announced as they become available.

June 12, 2012 – William Ginsberg, who represented Monica Lewinsky in the Clinton-Lewinsky scandal and has tried more than 250 cases in 21 states, says lawyers play a crucial role in preserving the nation's democracy and must help fight to preserve it.

April 18, 2012 – Local mediation guru Howard Bellman, with more than 45 years of experience, and practice management advisor Jim Calloway are just two of the many speakers slated for the Litigation, Dispute Resolution, and Appellate Practice Institute.

March 21, 2012 – The State Bar of Wisconsin PINNACLE^® Litigation, Dispute Resolution & Appellate Practice Institute and the Real Estate and Business Law Institute plenary speakers address the importance of jury trials, how information technology continues to change the practice of law, and understanding what clients are experiencing in today's business environment. Both institutes are in Wisconsin Dells at the Chula Vista.

March 15, 2012 – An arbitration panel did not include written-off medical expenses totaling $61,487 when it awarded Lindy Orlowski damages resulting from an auto accident. The panel should have, a unanimous Wisconsin Supreme Court recently ruled.

March 14, 2012 – In a case of first impression, a state appeals court recently ruled that circuit courts can't review intermediate arbitration rulings until an arbitration panel has made a final award.

Sept. 15, 2010 – The arbitration confirmation statute that requires a party to confirm an arbitration award within one year delays when parties agree to continued arbitration, a Wisconsin Appeals Court recently held.

Jan. 6, 2010 – The Wisconsin Supreme Court held oral arguments testing whether federal anti-discrimination laws trump a corporate client’s right to choose an attorney.

Oct. 20, 2009 – The Alternative Dispute Resolution Section submitted testimony to lawmakers considering a bill to grant distressed homeowners a right to mediation in foreclosure. The section sought to ensure the mediator remains neutral in whatever procedure lawmakers adopt.

Sept. 30, 2009 – The Wisconsin Court of Appeals upheld sanctions against GEICO Indemnity Co. although no objection was made at the time the insurance company disregarded the circuit court’s instruction to present a representative for mediation.

June 24, 2009 – The economic downturn and drops in employment are taking a toll on homeowners’ ability to keep up with their mortgage payments. The number of foreclosure cases in Wisconsin surged 29% between the first quarter of 2008 and first quarter of 2009, and about 23 percent of the state's 7,693 foreclosures are in Milwaukee County. To help people stay in their homes and alleviate the current backlog of foreclosure cases in the county court system, Marquette University Law School will provide medi

June 17, 2009 – The justices explained that they seek no more than “some reasonable foundation for the interpretation” of a contract in dispute between parties when reviewing an award. Explaining the wisdom of not relitigating the merits of an arbitrated dispute, the court cited an amicus brief filed by the State Bar of Wisconsin’s Alternative Dispute Resolution Section.

May 6, 2009 – Last year’s rampant flooding in Wisconsin pointed out a need that this program is designed to meet. Attend an afternoon of free training from 12:30 to 4:10 p.m. on May 21 in Madison to educate lawyers about common legal issues faced by victims of a natural disaster. Hear legal services professionals from the Federal Emergency Management Agency (FEMA), representatives from the Department of Agriculture, Trade and Consumer Protection, as well as private practitioners discuss how disasters af

April 15, 2009 – The next time you plan to attend a State Bar seminar, you can add it to your electronic calendar when you register by using WisBar’s new “Add to My Calendar” feature. Once you have registered, click the “Add to My Calendar” hyperlink. You will receive an email notification of your event with instructions on how to save the event to your electronic calendar. The feature works for Outlook and Google users.

Apirl 15, 2009 – Did you know that the State Bar of Wisconsin is the official record keeper for agencies that regulate the practice of law in Wisconsin? That means, when your State Bar member record is out of date or incorrect, it affects more than just the Bar. It could affect communications from the Wisconsin Office of Lawyer Regulation, Board of Bar Examiners, and Wisconsin Supreme Court.

April 15, 2009 – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective ways to connect with paying clients more important than ever.

April 15, 2009 – The State Bar Practice411™ Breakfast & Business: Eggs, Ethics and Answers series will be presented on April 22 in Platteville and June 17 in Pembine. Pembine program information is not yet available. Pembine is conveniently located about an hour and a half from Rhinelander, Green Bay, and Marinette, and about a half hour from Iron Mountain, Mich. Both seminars, presented in two sessions, will begin with a hot breakfast at 8:15 a.m. and conclude at 11:15 a.m.

March 18, 2009, – Today, our country is experiencing one of the most troubling economic periods since the Great Depression, and the legal profession is not immune from the effects. These difficult times make finding cost-effective resources to connect with paying clients more important than ever.

Jan. 23, 2009 – Former State Bar President Steve Levine has filed a petition asking the supreme court to review an arbitrator’s decision concerning costs associated with the State Bar of Wisconsin’s attorney public image campaign. The arbitrator determined that those costs were properly treated when the State Bar established fiscal year 2009 dues.

Jan 23, 2009 – The State Bar’s Alternate Dispute Resolution Section requests authorization to file a non-party brief as amicus curiae in the case of West Central Education Association and School District of Baldwin-Woodville, pending before the Wisconsin Supreme Court. At issue is whether a grievance was timely filed under the terms of a collective bargaining agreement that was specifically put before the arbitrator for his determination.

For many years, Daniel W. Hildebrand contributed to Wisconsin legal literature by annually describing those Wisconsin appellate decisions that he viewed to be most significant. Attorney Hildebrand passed away in late 2007; these authors, both former supreme court clerks, are attempting to pick up the Hildebrand torch.

Large and complex construction claims cases often involve 20 or more parties, millions of dollars in claims, complicated factual and legal issues, intricate insurance coverage questions, a host of conflicting motivations and perspectives, and often occur while construction is ongoing. Here are some broad lessons learned from mediating complex multiparty cases.

Understanding the causes of and sincerely and directly acknowledging a party’s feelings of anger and resentment, both before and during a mediation, can help the lawyers and mediator move a case toward resolution. Here’s how.

The key element of any successful mediation preparation is readying the plaintiff. While mediation preparation should be tailored to address the specific needs of each case and client, the author lays out five main areas of preparation that attorneys should address with every personal injury plaintiff.

The Wisconsin Supreme Court's opinion in Borst v. Allstate Insurance Co. has clarified several ill-defined aspects of the arbitration process, including the role of party-appointed arbitrators, the right of parties to seek equitable relief due to arbitrator partiality, and the taking of discovery.

The Wisconsin Supreme Court's recent decision in Wisconsin Auto Title Loans Inc. v. Jones may have sounded the death knell of forced arbitration of consumer debt disputes in Wisconsin.

More than 5,300 lawyers, judges, law office support staff, and court personnel subscribe to the State Bar's CaseLaw Express. This free weekly email service keeps members abreast of recent cases that have been added to WisBar's case law archives. Recently redesigned, the new format is easier to scan, saving subscribers valuable time.

Before it will act, the Wisconsin Supreme Court wants the State Bar of Wisconsin to gather demonstrable evidence that additional regulation of the unauthorized practice of law is needed. The court recently asked lawyers for quantifiable evidence not only of the harm inflicted on the public when nonlawyers practice law but also of the nature and extent of the harm. Members should submit data by Dec. 31.

At its July 22 meeting, the Board of Governors opposed proposed legislation that would allow real estate brokers to provide legal advice, affirmed the Legislative Oversight Committee's decision on section advocacy on the proposed marriage amendment to the Wisconsin Constitution, authorized the ADR Section to file an amicus brief, approved revisions to the State Bar strategic plan and supported the current ABA delegate representation at the state level, among other actions.

The Alternative Dispute Resolution Section requests authorization to file an amicus brief in Borst v. Allstate Insurance Co., currently before the Court of Appeals. The Board of Governors will consider the request on July 22. Timely member input on whether the Section amicus should be authorized is invited. Comments received by July 20 will be included in the board materials.

Determining if mediation is the best method to resolve a business dispute requires a structured examination of several factors from many vantage points. Read how the nature of the parties and their relationship, the interests of concern to each party, the issues involved in the dispute, and the outcomes desired by the parties can inform the decision to mediate.

The ability of corporations to opt out of the public civil justice system by using mandatory arbitration clauses in consumer contracts poses a fundamental policy question for Congress and the courts. Still, there are ways to preserve clients' rights to have their day in court.

The Wisconsin Supreme Court seeks six volunteer lawyers and nonlawyers to sit on a new committee that will study and review existing programs for resolving lawyer-client fee disputes in Wisconsin.