What Will Happen at My Mediation?
1. Unpack the emotional barriers to consensus building early in the process. Confidential breakout rooms provide the mediator with the opportunity early in the mediation to assess and work through a party’s emotional...more
Commercial litigator Thomas Moring discusses the mediation process and how it can be a useful way to handle disputes quickly and less costly than trial. ...more
The longer a mediation lasts the greater the likelihood that it will be successful. This conclusion is anecdotal, but based upon long experience. A mediation is successful even when the case does not settle if substantial...more
When I was a full-time settlement judge, the sheer volume of settlement conferences required me to frequently offer a mediator’s proposal to resolve a matter so I could move on to the next case. Typically, a mediator’s...more
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
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