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Since between 90%-95% of litigated cases settle before trial, effective negotiation skills can be the bedrock of success for lawyers. Settlement allows both parties to avoid the uncertainty and costs of protracted...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
I often joke that I decided to be a mediator when I realized that scripture says, “blessed are the peacemakers” and not “blessed are the litigators.” The truth, however, is that I wanted to be a mediator since the day I...more
No two mediations are the same. Not only are the facts of each case different, but the litigants have different motivations, concerns and ways of presenting their thoughts and ideas. The goals and styles of presentation of...more
The Court examined “without prejudice” privilege and litigation privilege as they apply to settlement agreements and their inspection by co-defendants. In BGC Brokers LP & Ors v. Tradition UK & Ors, the English Court of...more
Over the last 10 to 15 years, the term “bracketing” has emerged to summarize the mediation process of negotiating the high and low of the bargaining zone. For a variety of reasons, some users of mediation services resist...more
A guide to mediation and the other main types of alternative dispute resolution (ADR) in England and Wales. ...more
I have recently discovered some additional, impasse-busting techniques for your consideration when the negotiating process grinds to a halt. The Mediator’s Bracket - This is a useful technique in both early and late...more
You have most likely walked out of a mediated settlement conference at which the shorthand version of the settlement put to paper by the lawyers and the mediator stated that there would be a later, more detailed agreement. ...more
A mediator is a facilitator who has the skill to work around or overcome obstacles to settlement created by parties or their counsel. In particular, when negotiations have gotten the parties close to a settlement, the skilled...more