Matt Hollingsworth | Miles Mediation & Arbitration Early mediation is becoming more common in personal injury litigation. Some plaintiff lawyers favor it because it gives clients the opportunity to resolve their cases quickly. Some defense lawyers prefer it because it offers a way to control exposure and reduce litigation costs. As a mediator who frequently handles personal injury cases,… Continue reading Is This the Time to Mediate? Early Mediation for Personal Injury Cases
Tag: mediation
The Well-Prepared Attorney: Setting the Course for Mediation Success
Marc Alan Fong | JAMS There is a moment in mediation that seasoned neutrals recognize almost instinctively. It does not arrive with fanfare. It surfaces quietly, often within the first half hour, when counsel begin to frame the dispute. One attorney presents a coherent narrative, grounded in the facts and anchored in a realistic understanding… Continue reading The Well-Prepared Attorney: Setting the Course for Mediation Success
Bracketology in Mediations: How, Why and When to Use Brackets to Optimize the Potential for Settlement
Jon. B. Masini | JAMS In mediation, every move sends a message—and few tools shape that message more strategically than brackets. Used at the right time, brackets can help reset expectations, reduce friction and create momentum toward settlement. The use of brackets is a helpful negotiation tool in mediation. However, some parties are reluctant to… Continue reading Bracketology in Mediations: How, Why and When to Use Brackets to Optimize the Potential for Settlement
Effective Strategies for Preparing Clients for Mediation
Chad J. Tamaroff | GreenspoonMarder Mediation succeeds when clients arrive informed, organized, and emotionally ready to engage in principled negotiation. As counsel, your role is to demystify the process, align expectations with likely outcomes, and equip clients with the facts they need to make sound decisions. The following strategies provide a practical, attorney-led roadmap for… Continue reading Effective Strategies for Preparing Clients for Mediation
The Emotionology of Arbitration and Mediation
Gilbert K. Squires | JAMS I coined the term “emotionology,” which is a combination of “emotion” and “psychology.” It describes an applied science that examines how human emotions influence and become part of decision-making and negotiation processes in arbitration and mediation. In these settings, participants are emotional and spiritual beings; the success of the process… Continue reading The Emotionology of Arbitration and Mediation