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Mediation Mediators Best Practices

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

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

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

Pullman & Comley, LLC

Notes From the Judge: Keys to a Successful Mediation

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Almost eight years ago I authored an article titled “10 Tips for a Successful Mediation,” and here we are more than 1,000 mediations and arbitrations later. I thought now would be a good time to revisit that topic based on...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

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

JAMS

Agents of Change: Moving Forward With Sports Disputes Through Remote Arbitrations

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The world of sport has been dramatically impacted by COVID-19 both at home and abroad: games cancelled, seasons disrupted, games played in empty stadiums, and athletes, sports organizations, agents and fans waiting for the...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)

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

Pierce Atwood LLP

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

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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

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

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