Even seasoned mediators and trial lawyers, may not be aware of participants’ reaction to one aspect of the mediation process—the bargaining. Civil litigation can be triggered by injury, injustice, dashed expectations—things...more
Recently, I was interviewed about the usefulness of joint sessions. In the article, published in the “Daily Report”, Mediators Talk ‘East v. West' Split Over Use of Opening Sessions to Lay Out Disputes, there were contrasting...more
By: Hon. John P. DiBlasi (Ret.) New York Law Journal Alternative Dispute Resolution (ADR) Special Report August 2019 The joint session of the mediation, where disputing parties speak directly to one another, is often...more
Doesn’t it seem like all personal injury cases should settle at mediation? Due to the mountain of available data, there is much more predictability with the outcome of PI cases than with other civil cases. Yet it still...more
Most lawyers are familiar with the ordinary sequence of a mediation. Typically, the mediator conducts a pre-mediation call with the lawyers and sometimes the parties, introducing everyone to the mediation process and inviting...more
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
Law360, New York (December 21, 2011, 1:07 PM ET) -- This article discusses and debates the history of, and change in shift for, the joint session and how each side of the country has experienced its evolvement. While...more