Donald R. Frederico | Pierce Atwood Like most aspects of litigation, mediation is a very personal pursuit. So much depends on the credibility and communication skills of the participants. Equally important are the participants’ non-verbal cues, including tone of voice, facial expressions, and body language. And a key to success of many mediations is the… Continue reading Virtual Mediation (Part 2): The Challenge of Establishing Trust
Tag: mediation
Virtual Mediations Are Zooming Forward . . . Jump on Board
R. Thomas Dunn | Pierce Atwood With most of the country on stay at home orders of some variety and court closings, parties to claims, litigation, and arbitrations are adapting quickly to virtual litigation activities that are customarily done in person. This includes virtual depositions, mediations, arbitrations, and trials. In this post, I will talk about virtual mediations.… Continue reading Virtual Mediations Are Zooming Forward . . . Jump on Board
Mediation Minute: There’s No Such Thing as an Impasse
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
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