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It’s a familiar scenario: As the case moves toward the mediation stage, the two sides start staking out positions with an eye toward compromise. The plaintiffs make a big ask with the expectation of coming down. The defense...more
Are opening statements in mediation beneficial toward reaching a settlement? There is an ongoing debate by both advocates and neutrals concerning the advantages and disadvantages of including opening statements in mediations....more
Labor arbitrations often seem like the proverbial “box of chocolates” – you never know what you’re going to get. While uncertainty abounds, there are numerous steps companies and counsel can take to assess, prepare, and...more
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
Hosted by American Conference Institute, the 11th Annual Advanced Forum on False Claims and Qui Tam Enforcement returns for another exciting year for lively discussions on FCA enforcement including the ramifications of two...more
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
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
Join the conference that the “who’s who” of Hatch-Waxman litigators have designated as the forum which sets the standards for Paragraph IV practice. ACI’s Paragraph IV Litigation Conference is returning LIVE & IN-PERSON to...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
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
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
THE ONLY EVENT WHERE YOU'LL HEAR FROM Government, In-house Counsel, The Judiciary, the Defense & Relator’s Bar - ACI’s 8th Annual Advanced Forum on False Claims and Qui Tam Enforcement will address the underlying...more
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
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
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
There’s an old expression: “You can catch more flies with honey than with vinegar.” Assuming that your goal is not to actually catch flies, but instead, to get what you want in some kind of negotiation, the expression means...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
Defense attorneys at this point, should have at least some familiarity with the Reptile approach that the plaintiffs’ bar is using as a route to persuasion. The idea of framing cases based on personal fear and threats to...more
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
Parties should take advantage of the opportunity to speak with their Mediator in advance of an upcoming Mediation session. Although admittedly not routine, nothing precludes counsel from initiating such communications....more
New York Law Journal Alternative Dispute Resolution (ADR) Special Report - August 2018 - As a full-time mediator for the past decade, I have come to learn that trust is a critical element in any successful negotiation....more
Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively...more