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Litigation can be a costly and resource-intensive endeavor, particularly when the disputes at hand are complex in nature. For clients who are new to the litigation process, it is not unusual to find the various stages and...more
One of the most common mistakes I see in mediation is when a party comes into the process with a firm “bottom line” in mind. For plaintiffs, this is the minimum amount they are willing to accept. Defendants often arrive with...more
It’s mid-afternoon. Mediation has been dragging on for hours, and the clients are getting frustrated. Both parties feel as though they have been making good moves, but the other side is being unrealistic and unreasonable. The...more
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
My goal has always been to provide each and every mediation participant with the most satisfying experience possible. In virtual proceedings, the ability to convey settlement communications as if the litigants and I were in...more
As global businesses have had to adapt to the curveballs thrown by COVID-19, innovation has sprung from adversity and the future of international trade is bright. One area of innovation is the continued development and...more
[author: Ximena Bustamante] En países con una tradición jurídica continental europea, resulta muy poco común que las instituciones del Estado se sometan a procedimientos de mediación. Y aún si lo hacen, es poco probable...more
[author: Ximena Bustamante] In countries with a continental European legal tradition, it is very rare for State institutions to undergo mediation procedures. And even if they do, it is highly unlikely that they would reach...more
During past eight months, due to the coronavirus pandemic, mediators, lawyers and clients have experienced something once inconceivable: Almost all mediations have been conducted remotely. What have we learned from this...more
When Frank Sander proposed the “multi-door courthouse” at the Pound Conference in 1976, he probably could not have imagined how widespread the use of mediation would be today in the United States and around the world. As just...more