Christopher M. Ernst, Esq. | American Arbitration Association There is a certain kind of opening I still see at too many mediations. Counsel strides into the room with the unmistakable glint of Trial Day in their eyes, a binder thick enough to serve as a doorstop, and a speech ready to prove — beyond any… Continue reading “Winning” the Mediation vs. Resolving the Dispute: How Mediators Can Prepare Counsel (and Clients) for Real Resolution
Tag: mediation
Making Mediation More Than a Stepping Stone
Angela Sabarese | CLM In a recent CLM webinar discussion, titled, “Nuclear (Re)Mediation: Using Nuclear Verdicts Defense Methods at Mediation, Not Just Trial,” Jennifer Aker, managing partner, Tyson & Mendes’ Houston, Dallas, and West Texas offices, along with veteran mediator Doug Glass, Signature Resolution, shared strategies for approaching mediation as a critical destination rather than… Continue reading Making Mediation More Than a Stepping Stone
Hidden but Present: The Impact of ‘Dark Matter’ in Mediation
Eric A. Grasberger | Stoel Rives “Dark matter” is an invisible, mysterious substance that makes up about 27 percent of the universe. Its existence is inferred from its gravitational effects on ordinary matter, but it’s not made of the same particles. While difficult to observe directly, its impact is real. Similarly, there are usually hidden… Continue reading Hidden but Present: The Impact of ‘Dark Matter’ in Mediation
Understanding and Presenting a Mediator’s Proposal
Marc Alan Fong | JAMS A mediator’s proposal is essentially a settlement suggestion issued when negotiations reach impasse. The mediator proposes a dollar amount—or a set of terms—and asks each side to accept or reject it confidentially. If both sides accept, the case settles. If either declines, no one learns the other’s decision, preserving leverage… Continue reading Understanding and Presenting a Mediator’s Proposal
Mediation and the Dispute Review Board
Adrian L. Bastianelli, III | American Arbitration Association Mediation and the Dispute Review Board (DRB) process are widely used in the construction industry to resolve disputes and avoid costly arbitration or litigation. But can these two methods be used effectively in tandem? And if so, how? That question is the heart of this article. DRBs… Continue reading Mediation and the Dispute Review Board