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.
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.