Nisbet Ken Kendrick

October 06, 2023 | Daily Report Online

Mediation Confidentiality: A Tale of Two Opinions

In the world of mediation, where confidentiality is the cornerstone of the process that is now responsible for the resolution of the vast majority of civil cases, the strange case of Rogers v. Dupree is demonstrative of both propositions.

By Nisbet "Ken" Kendrick

8 minute read

October 07, 2022 | Daily Report Online

Confidentiality, Wherefore Art Thou? (It Matters)

Mediation participants have a hard time even understanding, much less embracing, the idea that they can speak freely in mediation without fear of an appearance on "CSI."

By Nisbet "Ken" Kendrick

7 minute read

October 08, 2021 | Daily Report Online

Openings in Mediation—Joint Session and Beyond

Genuine apologies very rarely happen. Openings statements, once a chance for parties to speak freely, became the purview counsel. Far too often, the lawyer's "explanation of weakness" in an opposing party's case became a "with all due respect" moment (see "Talladega Nights;" Sony Pictures, 2006).

By Nisbet "Ken" Kendrick

6 minute read

September 28, 2020 | Daily Report Online

Decision-Makers Are More Available in Pandemic ADR, but Production Values Still Need Work

A mediator offers a field guide to what he's seen as ADR rolls through the pandemic.

By Nisbet "Ken" Kendrick

6 minute read

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