News & Analysis as of

Settlement Negotiations Mediation Trial Preparation

Miles Mediation & Arbitration

Strategic Mediation in High-Stakes Cases: Trust, Transparency, and Early Evaluation

In high-dollar litigation, mediation is not merely a procedural requirement or a perfunctory step toward resolution. Rather, it can be a pivotal moment in the life cycle of a case. When leveraged correctly, mediation offers...more

Miles Mediation & Arbitration

Explaining To Your Client Why Mediation Is Better Than Trial

The process of preparing a client for mediation begins at the first interview. In a plaintiffs’ personal injury practice, clients seldom have prior experience with the litigation process. However, they may have to unlearn a...more

Miles Mediation & Arbitration

Preparing your Client for Mediation When You Represent the Defendant

Preparing a Defendant for mediation presents some different challenges. In order to be successful, you must understand your client’s level of sophistication in connection with the entire mediation process, set up realistic...more

Miles Mediation & Arbitration

The Case for Pre-Suit and Early Mediation

Where resolution is always the ultimate goal, mediation serves a vital purpose as a vehicle for exploring settlement in high stakes litigation where unnecessary and protracted litigation costs may be avoided by all parties....more

Bradley Arant Boult Cummings LLP

No. 3 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

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

Bradley Arant Boult Cummings LLP

No. 7 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

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

NAM (National Arbitration and Mediation)

Critical Decisions At Mediation: Should A Client Attend? Should The Claims Rep Be Present?

Throughout the mediation process, there are several critical decisions that plaintiff’s counsel will need to make. These decisions will, in turn, determine the ultimate direction of the case....more

NAM (National Arbitration and Mediation)

When The Case Cannot Be Settled, Use A Mediation Agreement To Simplify The Trial And Avoid Extreme Results

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

NAM (National Arbitration and Mediation)

Mediator Settlement Recommendations - Be Careful What You Ask For!

During the course of negotiations, it is very common for one or more of the parties to ask a Mediator, “So, what do you think the case is worth?” This Mediator has a consistent response to that often-heard inquiry, “The case...more

Holland & Hart - Your Trial Message

Deploy Your Trial Message When It Matters Most: Pretrial

In popular culture, and to some extent in the preparation of trial lawyers, the ultimate focus is the trial. We think of that as the pinnacle moment for advocacy: in the courtroom, looking into the eyes of the judge or the...more

NAM (National Arbitration and Mediation)

Why Mediations Fail

While the majority of disputes resolve at Mediation, there nonetheless remain those that impasse. At times, the lack of success stems from individual issues unique to the matter at hand. Often, however, the failure to achieve...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide