News & Analysis as of

Settlement Mediators Litigation Strategies

Holland & Hart - Your Trial Message

Mediate on Merits, Not Math

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

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

JAMS

Control, Creativity, Closure: The Mediation Advantage

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In a world rife with conflict—commercial, interpersonal, organizational and beyond—the need for effective dispute resolution has never been greater. Judge Morton Denlow, a retired U.S. Magistrate Judge, offers this...more

Miles Mediation & Arbitration

How to “Win” in Mediation: A Three-Step Guide for Attorneys

Most jurisdictions have embraced alternative dispute resolution requirements to lessen the burden on the judicial system.  Mediation has proven to successfully resolve the majority of cases and in so doing, minimized the...more

Miles Mediation & Arbitration

Overcoming mediation’s gray area through the mediator’s proposal

The cornerstone of a successful mediation comes from parties navigating uncertainty in order to find an acceptable, self-directed resolution. Sometimes, this process stops mere inches from settlement. Instead, the parties sit...more

Miles Mediation & Arbitration

Choose the Right Option: How Facilitative and Evaluative Approaches Can Both Have a Role in Mediation

There are various mediation styles or philosophies that parties to litigation encounter when mediating. Generally, they can be categorized as either facilitative or evaluative approaches. Some mediators feel that they should...more

JAMS

When Mediations Fail, It’s Not Always About the Facts

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Civil litigators are acutely aware of the benefits of mediation in resolving their clients’ disputes. Typically, prior to the filing of a lawsuit, the would-be plaintiff and defendant have been exposed to the dark side of...more

Miles Mediation & Arbitration

Personality Types: Recognizing and Handling Six Different Types of Participants at Mediation

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

Miles Mediation & Arbitration

The Mediator as a Bridge

Years ago, the court appointed a wise and productive mediator who had been a country lawyer, a prosecutor, and a judge to a case of mine. I was an attorney, and my client was a seasoned and successful old farmer, who had sold...more

Holland & Hart - Your Trial Message

Defendants, Don’t Automatically Avoid the First Move in Settlement

At a national conference I spoke at earlier this week, one of the other presenters was Anne Marie O’Brien of Smith Pauley LLP, a very experienced litigator and mediator working out of Omaha, Nebraska. During her talk, she...more

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