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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.


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.”