Breaking the Mediation Impasse

It’s late in the day and the mediation negotiations have stalled. What do we do; give up or push on?  The following are some of my solutions for “Breaking the Impasse”:   Challenge the parties on their positions. Are they being reasonable?  Are there  better alternatives to declaring an impasse to the mediation?  Ask the […]

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Mediation Tip- Managing Client Expectations:

When I serve in my role as mediator, I typically have private sessions with the clients and their attorneys before the general session. When I discuss compromise and the reasons why it makes sense, I sometimes see quizzical or even angry looks on the faces of the parties. This tells me that the client has […]

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We got it settled. Let’s get it right.

In mediation, getting the case settled is only half the battle. I always say the devil is in the details. Once you have a settlement in principle, it must be reduced to writing (the “Mediated Settlement Agreement”). Once all the parties have signed, we have a binding agreement. I make it a practice to show […]

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Mediation Summaries

Mediation has many components.  The Attorney’s mediation summary is an invaluable tool to the mediation process. Not only does the summary focus on the critical issues, but it can save your client time and money. Often, counsel will submit copies of the pleadings with a statement that the issues are self-explanatory. That’s great, but if […]

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Managing Expectations in Mediation

As part of my mediation “pre-game speech,” I always advise parties that, if the case is going to settle, the Plaintiff will inevitably accept less money than they thought coming in and the Defendant will pay more. Parties often tell me “that is my bottom/top line.” I often have to tell parties; “I hear you, […]

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Non-Parties Attending Mediation

In a situation which happens more often than you might think, a party will show up at mediation with a friend, neighbor or relative who is not affiliated with the litigation or dispute. “Do you mind if my neighbor joins us? I could really use the moral support.” The question inevitably arises as to whether […]

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Attorney/Mediator Rod Neuman Discusses Mediation with Real Estate Agents

Gibbons | Neuman Attorney/Mediator Rod Neuman presented to a group of eager, inquisitive real estate agents at Keller Williams Grand Central on the subject of mediation.  The topic is very pertinent for realtors because of the mandatory mediation provisions contained in most residential real estate contracts. The group had an informative discussion as exemplified by […]

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Tips for Mediating a Business Divorce

Mediating a business divorce is the corporate equivalent to a marital dissolution of marriage. Emotions typically run very high. Please consider the following tips in preparation for mediating your next business dispute. First, consider the emotions of the parties. Attempt to temper the emotions prior to mediation. If you can talk your client off the […]

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Wait, I thought we settled?

As a mediator, one of the last things I want to see is the parties reaching a verbal settlement, but leaving without signing an agreement.   As we all know, nothing is binding until the agreement has been signed. Some of the most common reasons for failed settlements involve travel plans. There is nothing worse than […]

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