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I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more
No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more
Years ago, the court appointed a wise and productive mediator who had been a country lawyer, a prosecutor, and a judge to a case of mine. I was an attorney, and my client was a seasoned and successful old farmer, who had sold...more
In this podcast, JAMS neutrals Tracy W. McCormack, Esq., and Karl Bayer discuss how the legal and business needs have evolved in Austin, Texas, as it remains one of the fastest growing cities in the country. To set the stage,...more
A common definition of mediation is a process with an impartial neutral who assists the parties in resolving a dispute. In most civil litigation mediations, the goal is a final settlement agreement. Mediators conclude a...more
By Glenn Hutchison and David Matthews Conflict occurs when two parties have differing perspectives on a matter of importance and each of them believes that his or her own view is correct. As research has shown, humans...more
Michael Schmidt is joined by Jason Marsili of Marsili Mediation to discuss the often over-looked art and skill involved with mediation, and the important considerations for employers when determining whether, when, and why to...more
In this episode of the TortsCenter Podcast, hosts Carla Varriale-Barker and Courtney Dunn talk with independent arbitrator and mediator Danielle Menitove about the world of sports arbitration. As co-chairs of the NYSBA’s...more
Construction projects are often complex, involving many parties, materials and systems. Likewise, many construction-related disputes are complex because they involve multiple parties as well as complex technical and legal...more
Having served as a mediator for over 30 years, I have observed in-house counsel trying, with varying success, to manage outside counsel and others in the mediation process, including the neutral. Optimal results in mediation...more
Want to launch or grow your mediation career? Develop your skills at a unique, in-person civil mediation training program developed and led by Joe Murphey, an experienced mediator who has mediated more than 3,000 cases. Rex...more
Every good attorney knows the best way to prepare for a mediation. Marshal the facts. Master the law. Hone your presentation. Employ compelling visual aids. Anticipate the opposition and craft effective counters. ...more
Dr. Anton Maurer’s career as an international lawyer in or with respect to more than 65 countries has led to his recognition as a trusted neutral in jurisdictions such as China, Switzerland, India, England, Brazil, Korea,...more
A successful mediation hinges not only on the mediator’s skill during the mediation session but also on preparation and work with counsel beforehand. Effective pre-mediation strategies are crucial in laying the groundwork for...more
In this podcast, JAMS neutrals Judge Nancy L. Allf (Ret.) and Kim M. Keenan, Esq., discuss how attorneys can maximize mediation. The conversation centers on the importance of thoughtfulness and strategy in mediation, with...more
Business disputes are widely accepted as part of the cost of doing business. As businesses grapple with the high cost and resource-sapping nature of disputes, many are increasingly turning to alternative dispute resolution...more
In this podcast, JAMS neutrals Mercedes Armas Bach, Retired Judge, 11th Judicial Circuit, Florida, and Scott J. Silverman, Retired Judge, 11th Judicial Circuit, Florida, discuss the growth and evolution of the ADR market in...more
Imagine you are a parent. You have a son and a daughter, and they are fighting vociferously over the last remaining orange in the kitchen. The thoughtful parent that you are, you stop and quickly consider your options: You...more
The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more
I have practiced law for 40 years, with the vast majority as a “construction” lawyer. I have seen great… and bad construction lawyering, both when on the other side of a dispute, as well as when serving over 300 times as a...more
How to prepare, adapt and serve up successful outcomes - I love to entertain. I enjoy poring over recipes and ideas for menus and coming up with themes for events. I truly enjoy spending time with my guests. And I bring...more
Taking a closer look at the JAMS Mass Arbitration Procedures and Guidelines - What are mass arbitrations, and why in recent years have there been so many of them? The U.S. Supreme Court has made clear in a series of...more
Ann Marshall brings over 25 years of legal experience to the table, beginning with her tenure as a hard-working criminal defense attorney. Ms. Marshall eventually became a partner at the boutique Seattle-based law firm Bishop...more
My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more
In this podcast, JAMS neutrals John W. Hinchey, Esq., and Leslie King O’Neal discuss the evolution of alternative dispute resolution (ADR) within the construction space. Their conversation starts with sharing their...more