Andrew Pearce | BoyarMiller As you probably already know, mediation is a non-binding process involving a neutral party who tries to resolve a dispute by working with the parties to negotiate a settlement. In most lawsuits, the parties agree to voluntarily mediate their case at some point (or the court will require the parties to… Continue reading What About Mediation? Four Reasons Worth Considering
Tag: mediation
Five Common Mediation Mistakes That Create Obstacles to Settlement
Hon. Lynn O’Malley Taylor (Ret.) | JAMS Mediation is often a grueling and exhausting process. The right mediator should be instrumental in helping the parties reach a resolution. At the same time, however, mediators are not miracle workers. Negotiators often hinder their chances of resolving cases by making mistakes prior to, and/or during, the mediation.… Continue reading Five Common Mediation Mistakes That Create Obstacles to Settlement
Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal
Tom Oster | Harris Bricken Over the years, “Alternative Dispute Resolution” (ADR) has become more and more prevelant in both contract drafting as well as litigation. Far from being an “alternative,” most disputes at some point will involve some degree of ADR, whether required by contract, by the courts, or driven by the costs of… Continue reading Alternative Dispute Resolution: Mediation, Arbitration, and Appraisal
Seven Tips for Mediating Complex Insurance Coverage Disputes
Rosemary Loehr, Andrew Reidy and Joseph Saka | Lowenstien Sandler Mediation can be a viable way to reach a satisfactory settlement on an insurance dispute. When successful, mediation offers a less costly and time-consuming alternative to litigation and often allows for more candor and creativity in crafting a successful resolution. Below are seven tips for… Continue reading Seven Tips for Mediating Complex Insurance Coverage Disputes
How to Pop the (Mediation) Question – a Mediator’s Perspective
Andrew J. Horowitz | HR Legalist You are litigating a case and you want to raise the topic of settlement with the other side. It may be that your client has fatigue from spending money on legal fees and just wants to be done, you don’t like the way the litigation is going, or your… Continue reading How to Pop the (Mediation) Question – a Mediator’s Perspective