News & Analysis as of

Mediation Dispute Resolution Trial Preparation

IR Global

ESG Litigation is Increasing – 3 Tips to Navigate Disputes

IR Global on

The greentech industry is recognized as one of the key subsectors of the ESG investment world. Energy transition to renewables is the new industrial revolution. It is a global win-win-win for bolstered economic strength,...more

Miles Mediation & Arbitration

Preparing For Mediation Success: The Three Elements of Pre-Mediation Planning 

Would you go to trial without preparing? Of course, you wouldn’t. As the old saying goes: “failing to prepare is preparing to fail.” The same can be said for mediation. Failing to prepare for mediation will make mediation...more

Miles Mediation & Arbitration

8 Strategies for Mediating with the Difficult Client

Mediation can be like a box of chocolates. How so? Well, as Forrest Gump famously said, “you never know what you’re going to get.” That’s the case with the clients you’ll be working with as a mediator....more

Miles Mediation & Arbitration

What Place Do Graphic Exhibits Have in Mediation?

Lawyers have mixed opinions about the utility and wisdom of using graphic visual aids in mediation. Some don’t want to put that much work into preparation for mediation, assuming it is a waste of time. Indeed, sometimes a...more

Miles Mediation & Arbitration

Explaining To Your Client Why Mediation Is Better Than Trial

The process of preparing a client for mediation begins at the first interview. In a plaintiffs’ personal injury practice, clients seldom have prior experience with the litigation process. However, they may have to unlearn a...more

Miles Mediation & Arbitration

Preparing your Client for Mediation When You Represent the Defendant

Preparing a Defendant for mediation presents some different challenges. In order to be successful, you must understand your client’s level of sophistication in connection with the entire mediation process, set up realistic...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

Miles Mediation & Arbitration

The Case for Pre-Suit and Early Mediation

Where resolution is always the ultimate goal, mediation serves a vital purpose as a vehicle for exploring settlement in high stakes litigation where unnecessary and protracted litigation costs may be avoided by all parties....more

JAMS

The New Virtual Mediation Day

JAMS on

Mediation has always been a process, not just an event. This process includes pre-session submissions to the mediator (and to all parties) and joint and/or individual pre-session calls. Historically, we have focused...more

Bradley Arant Boult Cummings LLP

No. 3 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. 4 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

Bradley Arant Boult Cummings LLP

No. 7 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

NAM (National Arbitration and Mediation)

Critical Decisions At Mediation: Should A Client Attend? Should The Claims Rep Be Present?

Throughout the mediation process, there are several critical decisions that plaintiff’s counsel will need to make. These decisions will, in turn, determine the ultimate direction of the case....more

Bradley Arant Boult Cummings LLP

No. 8 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

NAM (National Arbitration and Mediation)

When The Case Cannot Be Settled, Use A Mediation Agreement To Simplify The Trial And Avoid Extreme Results

When a lawsuit is pending, there’s no better, more practical and effective way to resolve the dispute than through alternative dispute resolution (ADR). What a great feeling when all issues are settled. The case is completely...more

NAM (National Arbitration and Mediation)

Preparation: The Key To A Successful Arbitration Or Mediation – A Neutral’s Perspective

Without question, proper preparation, whether for an arbitration or mediation, is not just necessary – but vital to a successful resolution for your client. ARBITRATION: JUST THE FACTS - When preparing an arbitration...more

NAM (National Arbitration and Mediation)

Mediator Settlement Recommendations - Be Careful What You Ask For!

During the course of negotiations, it is very common for one or more of the parties to ask a Mediator, “So, what do you think the case is worth?” This Mediator has a consistent response to that often-heard inquiry, “The case...more

NAM (National Arbitration and Mediation)

Why Mediations Fail

While the majority of disputes resolve at Mediation, there nonetheless remain those that impasse. At times, the lack of success stems from individual issues unique to the matter at hand. Often, however, the failure to achieve...more

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