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Articles Archive

03.05.18

Demonstrating Strength By Acknowledging Weakness in Mediation

. . . None of us will readily acknowledge our weaknesses, particularly in a public setting. This trait is especially pronounced and amplified in attorneys advancing the cause of a client . . .


03.05.18

Construction Defect Claims: A Mediator's Perspective

Construction defect claims often evolve into one of the most complex, expensive, unwieldy and exasperating types of litigation. Numerous parties, extensive documentation, never-ending depositions. . .


03.05.18

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 . . .


03.05.18

Opening Statements In Mediation - Don't Pass Up The Opportunity

As lawyers, we tend to think we know it all . . . But that conceit ignores how themes, testimony and documents might be perceived by the Mediator and/or client representative sitting across the table.


03.05.18

Don't Fear The Expert at Mediation

While many attorneys may secretly harbor a fantasy that they can present the technical aspects of their cases better than anyone (including their own expert), the reality is that it just is not so.


03.05.18

Mediation as Catharsis - Legal and Therapeutic

The dispute in question may be long-running, contentious, expensive and even personal, and now it is building to a crescendo . . . clients may enter a Mediation tightly wound and with fuses lit.


03.05.18

Identifying Conditions To Settlement Prior to the Commencement of Negotiations

Oftentimes, parties come to a Mediation session completely focused on “big picture” issues – their leading claims and defenses and the consequent damages they are seeking to advance or refute.


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