Mention holding a joint session and you are sure to provoke an argument between mediators and teachers of mediation on one side and lawyers who represent clients in mediations on the other. That dichotomy is not wholly...more
Once upon a time some 35 years ago, mediation was talked about in the United States as a tool to cure dissatisfactions with the civil justice system. The great early teachers and scholars of mediation -- Frank Sanders,...more
Here are some Do’s and Don’ts from a mediator’s perspective to help you prepare your mediation briefs.
Do remember that the mediation session will likely be the last day of your case. Treat the event with the...more
Without a doubt, the words mediators most often hear from counsel are “I won’t bid against myself.” This phrase is engraved as immutable law in the hearts and minds of virtually all counsel who come to mediation. By this,...more
Does Frosted Mini-Wheats cereal improve a child's attentiveness in school? Do fruit Roll-Ups and Fruit by the Foot have to contain real fruit? Would a reasonable consumer expect Cap'n Crunch with Crunchberries cereal to...more