Do you have a case that is bogged down? No one wants to move it forward (for any number of reasons) but you have case management deadlines looming? Consider mediating the case. There may be other forces at play which are causing the case to become stagnant. Mediation with a thoughtful mediator often brings fresh [...]
Are you stuck in negotiations at mediation? Suggest that the mediator make a Mediator’s Proposal. Based upon the negotiations to that point, the mediator is often in a unique position to propose a settlement that, as we say in mediation, makes everyone at least a little bit unhappy. The mediator proposes a settlement. Each side [...]
You show up for mediation and the other side shows up with a family friend, an expert or any other non-party. You object saying they are not a party, counsel or insurance company representative. What do we do? This happens fairly frequently, and my response is, are we better off and more likely to reach [...]
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