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Client Services Mediation

JAMS

The Use of AI in ADR: Balancing Potential and Pitfalls

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It has been quite a challenge for all of us in the legal and alternative dispute resolution (ADR) fields to sort through the hype and potential of AI. Many lawyers and law firms dove in headfirst, excited about the potential...more

Pullman & Comley, LLC

The Art of Mediation: Six Steps to Sussing Out the Subtitles

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The movie “Annie Hall,” through the clever use of subtitles, illustrated clearly that, where matters of the heart are concerned, what one says is not what one means. A successful mediator understands this trope holds true...more

Fox Rothschild LLP

“What Does My Spouse’s Lawyer Think of Me?”

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To many readers this question may seem bizarre. But it comes up a fair amount in the context of representing a client. It usually arises after a four way meeting or judicial settlement conference where both parties and both...more

Pullman & Comley, LLC

Notes From the Judge: Keys to a Successful Mediation

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Almost eight years ago I authored an article titled “10 Tips for a Successful Mediation,” and here we are more than 1,000 mediations and arbitrations later. I thought now would be a good time to revisit that topic based on...more

Miles Mediation & Arbitration

Emerging Technologies for Lawyers

In March 2020, when the world went into Covid lockdown, lawyers everywhere learned to use video conferencing technology for the first time. What started as a business necessity soon revealed itself as an essential part of any...more

Lowndes

Divorce During COVID – How We Have Adapted

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Like almost everything else in life, the COVID-19 pandemic has greatly altered the practice of family law. With court closures and social distancing measures, the court system, attorneys, and clients have turned to technology...more

Miles Mediation & Arbitration

Mediating Through A Photographer’s Lens

Many moons ago I purchased my first DLSR camera. I wanted to capture life’s priceless moments, from family vacations to watching my kids play sports and perform in recitals. In order to improve upon the craft of snaring great...more

JAMS

The Growing Appeal of a Multi-Stage Mediation Process

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Imagine you represent a party in a contentious litigation. It has taken considerable time and effort to plan for today’s mediation. Nothing about the process of getting here has been easy, and you do not expect the...more

JAMS

Process Planning Is an Essential Prerequisite to Successful Mediation in the Post-COVID-19 Era

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In March 2020, mediation in the United States underwent a sea change due to the COVID-19 pandemic. The situation is still evolving, and no one can predict what the future may hold. However, it has become clear that for the...more

Bradley Arant Boult Cummings LLP

No. 2 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more

Bradley Arant Boult Cummings LLP

No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more

Bradley Arant Boult Cummings LLP

No. 6 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more

Jaburg Wilk

Preparation Matters

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I had a conversation this week that reminded me of a post I wrote years ago about the importance of preparation. I went back and looked at it. The post was spot on regarding the conversation between my client and me. I...more

Ervin Cohen & Jessup LLP

Employment Law Reporter November 2018: Senate Bill No. 954: New Rules for Informed Consent in Mediation

Beginning on January 1, 2019, lawyers will need to make sure clients understand existing confidentiality protections for mediation communications before the client agrees to participate in mediation. Or if the client has...more

Foley & Lardner LLP

Important Considerations in Selecting the Right Mediator

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One of the fundamental components of a mediation is, of course, the mediator. Continuing the Manufacturing Industry Advisor’s series on mediation, we discuss how to select the right mediator for resolution of your dispute....more

JAMS

A Mediator’s Pleas(e)

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As counsel, you have represented clients in hundreds of mediations. You have taken courses in the art (it certainly is not science) of mediation. Perhaps you even have served as a mediator. In your role as an advocate, you...more

JAMS

Moving from Preparation to Negotiation – How to Cause Failure in Mediation – Part 1

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Much has been written advising of various tips to make mediations work. Let’s address ways folks are making sure their mediations fail! Here are a few: Mediating too early: Early stage mediation is a very effective...more

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