By Jeff Benz, Esq., MBA Surveys and studies demonstrate that the overwhelming costs of commercial arbitrations are not arbitrator fees or fees charged by arbitration providers, but the costs incurred by the parties to present their cases. Generally between 75% and 80% of the total expenses of an arbitration are attributable to the parties’ own …
By Scott B. Garner, Shawn M. Kennedy A. Introduction Any lawyer who has taken a case to mediation knows – at least in some vague, general way – that settlement discussions occurring during the mediation enjoy some level of confidentiality protection. Mediators themselves, of course, may have some greater understanding of what is and is …
Article Clarifications: 1. A guideline or checklist of topic points was developed to cover a typical start-to-finish opening statement scenario. Those topic bullet points are designated in bold print but are not meant to be spoken. 2. Italic text enclosed in parentheses explains the mediator’s objective. 3. Bold text enclosed in parentheses are technical tips …
Occasionally, a court will recommend an early neutral evaluation shortly after a case has been filed. Courts will usually recommend this when they believe an evaluation may help the parties accurately see their positions compared to the other party’s and potentially think about a settlement. Sometimes, a court will recommend the case to early …
The companion provision to mediation confidentiality is the mediation privilege, which makes evidence of mediation communications inadmissible in future legal proceedings. As with the confidentiality provisions discussed above, local laws are a crazy quilt, with only about half the states having adopted the UMA or similar provisions. The federal courts are even more inconsistent.
Mediation is negotiation with the assistance of a neutral third party. It is a process, and like other processes has stages. Those stages are different depending on which role you play. But either way, each stage requires your active participation if you are to succeed. In this article we detail the 5 stages of mediation for mediators and disputants.
Let’s be real; Conflict can bring up some deep pain and associated underlying energies — I’m not referring to pain that you can put a band-aid on or have a doctor fix. I’m talking about the deep-rooted and “psycho-spiritual” pain that makes one feel intense emotional responses triggered by a Conflict. When we are faced …
Mediation has become a viable alternative to traditional litigation. It brings the parties together in an environment separate from the competitive and adversarial courtroom and encourages collaboration and cooperation to solve an issue, perhaps in a creative way that could not be achieved by a jury or bench trial. The process is often cost-effective and …
Conversations are the social lubricant that makes relationships, moving ahead professionally, generating new clients and settling lawsuits easier.
Negotiation and mediation are all about communication.