Mediation

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 [...]

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 [...]

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 [...]

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, [...]

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 [...]

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 [...]

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 [...]

Mediator Rule 10.310 provides: Rule 10.310. Self-Determination (a) Decision-Making. Decisions made during a mediation are to be made by the parties. A mediator shall not make substantive decisions for any party. A mediator is responsible for assisting the parties in reaching informed and voluntary decisions while protecting their right of self-determination. (b) Coercion Prohibited. A [...]