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  • Be an Educated Consumer when Selecting a Mediator

    As the popularity of mediation increases, it becomes increasingly important for mediation advocates to know what they are getting into. No single mediator or mediation session is the same as another. The flexibility of mediation is one of its strengths because for every dispute, there will be a variety of mediation alternatives. The only uniformity...

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  • Role of the Attorney in a Mediation

    In a recent article entitled Gerry Spence, Marshall McLuhan, and What Lawyers Do In Mediation (https://www.mediate.com/articles/PressmanA1.cfm) noted mediator Arthur Pressman details the different roles available to attorneys in mediation. He compares the popular US-style mediation to what he calls the “international-style” mediation in Europe. At the Vienna IBA/VIAC Joint Mediation Competition (VIAC is the Vienna...

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  • U.S. Supreme Court to Decide Important Employment Arbitration Issue

    In three cases pending before the United States Supreme Court in the upcoming term, the Court will address whether employees can be forced to arbitrate class action employment law claims. The three cases, involving Murphy Oil, Epic Systems and Ernst & Young, highlight the two sides of the debate that have split the Circuit Court...

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  • Bicyclists may receive sympathy after an accident

    Bicyclists are commonly taught that they must share the road with drivers, and that they are responsible for adhering to the rules of the road as if they were vehicles themselves. However, there appears to be a growing consensus that...

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  • What are the tax implications of an injury award?

    A number of our posts highlight the dangers of automobile accidents. Indeed, the number of distracted driving accidents, drunk driving accidents and truck accidents suggest that Connecticut roads can be dangerous when people do not use reasonable care while behind...

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  • Important Wage and Hour Developments

    Employers should be aware of two developments in federal wage and hour law.  The U.S. Supreme Court has issued an employer-friendly decision regarding the interpretation of the FLSA exemptions and the U.S. Department of Labor has launched a new program that will allow employers to self-audit and avoid fines for accidental violations of the federal...

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  • More bicyclists using bike cameras

    Proving fault in a bicycle accident may seem easy. After all, a bicyclist’s injuries, combined with damage from a vehicle should be enough to convince insurance adjusters, or a jury of a driver’s fault. But sometimes physical evidence is not...

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  • What to know about National Dog Bite Prevention week

    Spring will come soon enough. At least that’s what our meteorologists tell us. Once spring comes, it will be time again for outdoor activities and walks in the park. It is almost of an annual tradition of taking dogs to...

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  • NLRB Update: Joint-Employer Standard, Mandatory Arbitration and Agency Fees

    Employers should take note of the following developments in labor law.  The National Labor Relations Board vacated a key joint-employer decision and the United States Supreme Court is considering two cases which will impact labor law and union organizing. Oops! Board Member’s Private Practice History Leads to Return of Obama-Era Joint-Employer Standard In a previous...

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  • Time’s Up: Significant Legislation Proposed on Sexual Harassment and Discrimination Laws

    Legislators in the Connecticut State House and Senate have proposed legislation that would significantly impact sexual harassment cases and sexual harassment training requirements.  Although the proposals differ slightly, it is clear that legislators are seeking to expand sexual harassment training, including requiring employers to train non-supervisory employees.  One proposal also seeks to extend the limitation...

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  • Rethinking Sexual Harassment Prevention CLE

    Lawyers and employers must examine what the #MeToo uprising and the ongoing media coverage of high profile sexual harassment claims mean for the workplace. Learn about individual and board liability; how to assess workplace culture, including how human resource departments are perceived by employees; about workplace investigations with an emphasis on how to address rumors and/or complaints...

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  • Mediation Settlement Morphs into an Arbitration Award

    It is not uncommon that after a long day mediating a dispute, the parties finally come to a resolution.  It is also not uncommon that the parties’ Memorandum of Settlement expressly provides that the same mediator resolve any lingering issues to finalize the parties’ settlement. A very interesting decision from the Maine Supreme Court illustrates...

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