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Why Mediations Fail

Mediations provide that moment in time which is part of – yet removed from – the litigation process. They allow attorneys to advance positions to their adversaries . . .


Taking Control of ESI in Arbitration

When I was a younger lawyer, I would often hear the adage: “Parties who are in litigation wish they were in Arbitration and parties who are in Arbitration wish they were in litigation”.


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 . . .


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. . .


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 . . .


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.


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.

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