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Dispute Resolution Best Practices Mediation

JAMS

I Mediate Like I Entertain

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How to prepare, adapt and serve up successful outcomes - I love to entertain. I enjoy poring over recipes and ideas for menus and coming up with themes for events. I truly enjoy spending time with my guests. And I bring...more

Miles Mediation & Arbitration

It’s About Listening, Not Only About the Law: 5 Compelling Reasons for Professional Mediators

In the realm of dispute resolution, mediation has emerged as a viable alternative to litigation. I believe that mediation offers us an opportunity to reach a consesus without the court making decisions on our behalf. While...more

JAMS

[PODCAST] JAMS Neutrals Discuss JAMS Pathways and Addressing Evolving Workplace Conflict

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In this podcast, JAMS neutrals Genesis Fisher, Esq., and Deirdre McCarthy Gallagher, Esq., discuss how workplace conflict has evolved in response to myriad challenges, including the pandemic and shifting work environments,...more

NAM (National Arbitration and Mediation)

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more

American Conference Institute (ACI)

[Event] 14th Annual Advanced Forum on Managed Care Disputes and Litigation - March 29th - 30th, Chicago, IL

Hosted by ACI, 14th Annual Advanced Forum on Managed Care Disputes and Litigation returns for another exciting year with curated programming that will help you make sense of these developments, and their profound impact on...more

Nelson Mullins Riley & Scarborough LLP

[Webinar] The Art of the Deal: Mediation Preparation, Presentation, and Strategy - July 20th, 2:00 pm - 3:30 pm EDT

Please join the Nelson Mullins Employment and Labor Group for a webinar on mediation best practices, featuring Steve Dunn of Miles Mediation. In a roundtable-style discussion, the panelists, including Steve Dunn, Erika Birg,...more

JAMS

Opening Offers in Negotiation

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Whether negotiating in a mediation or directly with an opposing party, everyone has to start somewhere—so where should you start a negotiation? It may seem smart to begin with the absolute highest (or lowest, depending on...more

American Conference Institute (ACI)

[Virtual Conference] Indigenous Consultation & Engagement Atlantic - November 22nd - 24th, 9:45 am - 1:30 pm AST

Entering the Modern-Era of Indigenous Consultation: From Modern Treaties to Modern Tech - The Canadian Institute’s 5th Annual Indigenous Consultation Atlantic Conference will be taking place virtually on November 22, 23 &...more

JAMS

Mediating and Settling Real Property Cases

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Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, boundary...more

JAMS

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, Part 2

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In my last post, I explored the top three behaviors that annoy the mediator: (1) being unable to reach a decision-maker, (2) hyper-aggressive advocacy and (3) lack of preparation. In this post, I explore more aggravating,...more

JAMS

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid

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Rule number one in any mediation? Don’t tick off the mediator. First and foremost, effective mediation advocates collaborate with their mediators to prioritize and advance their client’s interests. Mediators help people...more

Holland & Hart - Your Trial Message

Continue the Conversation

From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that...more

NAM (National Arbitration and Mediation)

Unprecedented Times Require a Viable Alternative – ADR Is The Answer

While there is no denying that Court Administrators throughout the United States have tried mightily to responsively address the threat the Covid-19 virus poses to our legal system, the fact is that the pandemic has had a...more

Miles Mediation & Arbitration

[Webinar] Construction ADR Webinar: Residential & Multi-Family Construction Disputes: Is There A Practical Solution? - September...

Join Miles mediator and arbitrators Jennifer Grippa and David Matthews, along with Frank Brown, partner in Weissman Law and General Counsel of the Greater Atlanta Home Builders Association, Inc., Jerry Warshaw, Founder and...more

Miles Mediation & Arbitration

Practice Pointers for a Successful Mediation

Do not underestimate the benefits of mediation.  Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers.  As attorneys, we know that is...more

NAM (National Arbitration and Mediation)

Good Faith And The “Golden Rule” At Mediation

Authors preface: Mediation is indisputably the most cost-effective and efficient way to resolve disputes. Moreover, there is positive energy and cautious optimism in the mediation process, which every participant enjoys....more

NAM (National Arbitration and Mediation)

The Benefits Of Early Mediation - The Path Least Taken Requires Commitment

The benefits of a successful early mediation are obvious: Disputes can be resolved in a private, expeditious and economical fashion. Flexibility is another valued benefit mediation affords counsel—in selecting a neutral,...more

NAM (National Arbitration and Mediation)

The Role Of Humor In Mediation - No Laughing Matter!

Mediation is serious business. But, nonetheless, a process which has room for – and, indeed, a need for – humor at the right moments. Mediation is often the culmination of years of hard-fought and costly litigation where...more

Jaburg Wilk

Preparation Matters

Jaburg Wilk on

I had a conversation this week that reminded me of a post I wrote years ago about the importance of preparation. I went back and looked at it. The post was spot on regarding the conversation between my client and me. I...more

Holland & Hart - Your Trial Message

Look Out for the Reptile Mediation

Defense attorneys at this point, should have at least some familiarity with the Reptile approach that the plaintiffs’ bar is using as a route to persuasion. The idea of framing cases based on personal fear and threats to...more

NAM (National Arbitration and Mediation)

When The Case Cannot Be Settled, Use A Mediation Agreement To Simplify The Trial And Avoid Extreme Results

When a lawsuit is pending, there’s no better, more practical and effective way to resolve the dispute than through alternative dispute resolution (ADR). What a great feeling when all issues are settled. The case is completely...more

NAM (National Arbitration and Mediation)

Speak To Your Mediator – Early And Often!

Parties should take advantage of the opportunity to speak with their Mediator in advance of an upcoming Mediation session. Although admittedly not routine, nothing precludes counsel from initiating such communications....more

NAM (National Arbitration and Mediation)

The Power Of Technology And Its Role In The Alternative Dispute Resolution Arena

As a former Justice of the Supreme Court, I have seen first-hand how technology has impacted legal proceedings within the courtroom. From technology-based evidence presentations and electronic submissions, to “day in the...more

NAM (National Arbitration and Mediation)

Preparation: The Key To A Successful Arbitration Or Mediation – A Neutral’s Perspective

Without question, proper preparation, whether for an arbitration or mediation, is not just necessary – but vital to a successful resolution for your client. ARBITRATION: JUST THE FACTS - When preparing an arbitration...more

NAM (National Arbitration and Mediation)

Good Faith Negotiations At Mediation

New York Law Journal Alternative Dispute Resolution (ADR) Special Report - August 2018 - As a full-time mediator for the past decade, I have come to learn that trust is a critical element in any successful negotiation....more

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