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Mediation Best Practices Litigation Strategies

JAMS

I Mediate Like I Entertain

JAMS on

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

JAMS

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

JAMS on

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

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

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

Pierce Atwood LLP

A Few Do’s and Don’ts of Class Mediations

Pierce Atwood LLP on

Having experienced class action mediations both as advocate and as mediator, I have witnessed a variety of approaches to the mediation process, some helpful and some unhelpful. Here is a partial list of do’s and don’ts when...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

Bradley Arant Boult Cummings LLP

No. 9 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...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

Holland & Hart - Your Trial Message

Use Present Tense

You know how the joke begins: “A guy walks into a bar…” But wait, for you to know the punch line, this has to be past tense. So wouldn’t it be, “A guy walked into a bar…?” It could be. But usually it is “walks” – present...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

NAM (National Arbitration and Mediation)

10 Mistakes To Avoid At Mediation: Improving The Odds For Resolution

Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively...more

NAM (National Arbitration and Mediation)

Creative Solutions In The Commercial Mediation Process

Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions...more

NAM (National Arbitration and Mediation)

Demonstrating Strength By Acknowledging Weakness In Mediation

Generally speaking, human nature is such that none of us will readily acknowledge our weaknesses, particularly in a public setting. This trait is especially pronounced and amplified in attorneys advancing the cause of a...more

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