Those who are injured in auto accidents and are facing mediation may question what happens at mediation for auto accidents. Auto accidents are difficult circumstances, and dealing with insurance companies to try and recover from injuries can add to the difficulty. Negotiations with insurance companies can often come up short of an agreement because insurance …
After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement. On the surface, the two options look very similar. Both include the …
Mike was excited. The classes were over at last, the internship was done, and he’d been approved for the civil panel. Today was his first solo mediation. He opened the door and strode in. The lawyers and their clients looked up expectantly at Mike. He froze. What should he say next? Where we begin a …
By Mark Grossman & Scott Van Soye A cake recipe says to add all of the required ingredients, and then place it in the oven for 45 minutes at 350 degrees. The chef, who is in a rush, takes a shortcut and leaves out an important cooling process and places the cakes in the oven …
By Terri Lubaroff Donald ambled into the conference room with difficulty. He looked like a nice, working class man in his retirement years, but the gray pall he carried indicated his health wasn’t going to let him do a whole lot of fishing on his beloved Lake Havasu any time soon. Donald slipped in a …
By Zachary Ulrich Have you ever had someone in your life with whom you just couldn’t seem to get along? A family member, perhaps? Maybe a colleague? A customer, supplier, or client? All of us have had seemingly “conflict-laden” relationships, and those relationships can be the sources of some of our most painful stress. Sometimes …
By Jasper Ozbirn It is common knowledge among mediators, as well as the general public, that the unlicensed practice of law (UPL) is illegal. While there is some debate on what constitutes the “practice of law,” the rule is clear that a mediator may not practice law. On the other hand, many consider experienced attorneys …
The classic definition of a mediator is one who, without decision-making authority, assists in the resolution of a dispute between two or more others, Mediation is everywhere; moms do it for their kids, kids do it for their friends, bosses do it for their workers, and so on. Have you tried to calm an argument …
Mediation falls under the heading “alternative dispute resolution” (ADR). Alternative to what? Litigation, of course. Yet the courts now frequently require ADR as a pre-trial part of the litigation process. The co-opting of ADR into litigation has changed it. For example, arbitration has become more formal, lengthier, and costlier – so much so that corporate …
Divorce is ranked second on the list of stressful events in one’s life, the first being death of a spouse. This is an emotional time for the parties. However, the only purpose of most settlement meetings is to resolve the outstanding legal issues in the divorce. Emotions and post-divorce dynamics are rarely factored into them.