Michael W. Hawkins | Dinsmore & Shohl An impasse is a situation in which no progress is possible, especially because of a disagreement, deadlock, or a situation where parties won’t move forward. Mediation, on the other hand, is when parties have a conflict or dispute and hire a mediator to assist in achieving a resolution.… Continue reading Mediation Minute: There’s No Such Thing as an Impasse
Category: Mediation
A Rundown of Common Mediation Mistakes
Stuart Rudner | Rudner Law In many cases, lawyers are failing to use mediation effectively and doing a disservice to their clients. The good news is that if you choose a good mediator, the vast majority of cases will settle despite the lack of effort and preparation on the part of counsel. However, it often… Continue reading A Rundown of Common Mediation Mistakes
No. 1 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | Bradley Arant Boult Cummings Let’s assume the mediator sticks his head into your room with a grin at 8pm after an exhaustive day when your client is still upset he made the 8th counteroffer and the Mediator says: “Great news! Counter-offer accepted! We have a deal!” Wonderful, right? Even though your client… Continue reading No. 1 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
Tips for Mediation of the Toughest Construction Disputes
Richard Erickson | Snell & Wilmer Settlement of a complex construction dispute at mediation can mean the end to sleepless nights for our clients. Resolution at mediation avoids the unpredictable risks and inordinate costs of seeing a dispute through to the merits. But mediation often can be as daunting as seeing it through to the… Continue reading Tips for Mediation of the Toughest Construction Disputes
No. 2 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
David K. Taylor | Bradley Arant Boult Cummings This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in previous posts, it takes more than throwing… Continue reading No. 2 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations