Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers. In disputes where distributive bargaining …
The vast majority of legal disputes aren’t ended due to a trial. But, at some point, the parties reach a mutually agreeable compromise, and the dispute is resolved. Mediation is one way to help parties reach an agreement if they can’t do it themselves. Attorney Richard Shore, writing in Forbes, has these ideas to help increase …
In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …
What is Mediation? There are many benefits to mediation, including spiritual and emotional, according to an article written by Dr. Denisha Shah. Attorneys who use the mediation process may focus on the more immediate benefits (ideally, a case settles and a file closes). Still, there are more extensive benefits that all participants may benefit from. …
I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting …
Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence. October 24th, 2022 Irvine, California — Forrest “Woody” Mosten, mediation pioneer and accomplished family collaborative lawyer of Mosten Mediation, bestselling author of numerous books, educator, and sought-after trainer of the Mosten Guthrie Academy, has been accepted into …
If you or someone you love was injured in some way, you may be wondering how to win your personal injury claim. Personal injury claims make up a large portion of the civil claims that are heard each year because people will often be hurt by negligence or other conduct on the part of manufacturers, …
Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence. October 10th, 2022 Irvine, California — Hon. Layn R. Phillips, former United States District Judge of the US District Court for the Western District of Oklahoma, accomplished commercial Mediator, Arbitrator, and CEO of Phillips ADR Enterprises (PADRE), …
With the rise of arbitration as a way to resolve many consumer and employment disputes in somewhat recent history, it has become more common for companies to begin including class action waivers in their consumer and employment contracts. For example, the Microsoft Advertising Agreement includes a section labeled “Arbitration Agreement and Class Action Waiver.” This …
Who’s Who in ADR is an Invitation-Only Worldwide Roster of Top Caliber Mediators and Arbitrators Who Exemplify ADR Excellence. September 26th, 2022 Irvine, California — Jeff Kichaven, Esq., accomplished independent Commercial Mediator of Jeff Kichaven Commercial Mediation, has been accepted into the inaugural edition of “Who’s Who in ADR” by ADR Times – the foremost dispute …