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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.


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.


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.


Preparation, Preparation, Preparation - Investing in the Mediation

Many attorneys are familiar with the old adage, “Cases which get prepared for trial settle and cases which are prepared for settlement get tried.”


The Pre-Mediation Mediation - When, Where and Why

. . . Nothing is more frustrating than spending a day at Mediation where the Mediator is consumed with issues among and between the defendants.


Removing the Trial Blinders to Achieve an Effective Mediation

The challenge to the Mediator is to find a means by which the “trial blinders” can be removed in order to allow for meaningful discussions and effective negotiations . . .


ESI, E-Discovery Plans and the Mediator - Facing the Future of Electronic Discovery

Mediating E-Discovery issues allows litigants to control what is being requested . . . Costs can be controlled, confidentiality can be maintained and adverse results–such as sanctions–can be avoided.