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Mediators Best Practices Settlement Negotiations

Miles Mediation & Arbitration

Trust During the Mediation Process

Trust is an essential element of the mediation process. The whole point, of course, is to take two or more parties who have a dispute and help them reach an agreement. Because the process necessarily involves that dispute,...more

Miles Mediation & Arbitration

It’s About Listening, Not Only About the Law: 5 Compelling Reasons for Professional Mediators

In the realm of dispute resolution, mediation has emerged as a viable alternative to litigation. I believe that mediation offers us an opportunity to reach a consesus without the court making decisions on our behalf. While...more

JAMS

Opening Offers in Negotiation

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Whether negotiating in a mediation or directly with an opposing party, everyone has to start somewhere—so where should you start a negotiation? It may seem smart to begin with the absolute highest (or lowest, depending on...more

JAMS

Mediating and Settling Real Property Cases

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Just as there are a myriad of real property interests, there can be disputes involving any of those interests. Controversies regarding rights and interests in property include circular priority among lienholders, boundary...more

JAMS

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid, Part 2

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In my last post, I explored the top three behaviors that annoy the mediator: (1) being unable to reach a decision-maker, (2) hyper-aggressive advocacy and (3) lack of preparation. In this post, I explore more aggravating,...more

JAMS

Annoy the Mediator at Your Own Risk: Negotiation Tactics and Missteps to Avoid

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Rule number one in any mediation? Don’t tick off the mediator. First and foremost, effective mediation advocates collaborate with their mediators to prioritize and advance their client’s interests. Mediators help people...more

NAM (National Arbitration and Mediation)

Unprecedented Times Require a Viable Alternative – ADR Is The Answer

While there is no denying that Court Administrators throughout the United States have tried mightily to responsively address the threat the Covid-19 virus poses to our legal system, the fact is that the pandemic has had a...more

Miles Mediation & Arbitration

Practice Pointers for a Successful Mediation

Do not underestimate the benefits of mediation.  Many litigants believe that a jury trial is their chance to finally “tell their story” in front of an emphatic and understanding group of peers.  As attorneys, we know that is...more

NAM (National Arbitration and Mediation)

The Benefits Of Early Mediation - The Path Least Taken Requires Commitment

The benefits of a successful early mediation are obvious: Disputes can be resolved in a private, expeditious and economical fashion. Flexibility is another valued benefit mediation affords counsel—in selecting a neutral,...more

NAM (National Arbitration and Mediation)

The Role Of Humor In Mediation - No Laughing Matter!

Mediation is serious business. But, nonetheless, a process which has room for – and, indeed, a need for – humor at the right moments. Mediation is often the culmination of years of hard-fought and costly litigation where...more

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