From time to time I post “plain English” articles for clients and lawyers to help lawyers explain the mediation process to their clients, for example, how mediation differs from arbitration, what to expect in a mediation session and confidentiality, as well as tips for lawyers, for example, how to prepare a client for a mediation and tools for breaking an impasse.

Mediation Works

Even the simplest business disputes cost tens of thousands of dollars to litigate and easily can shoot into the six-figures.  Worse, cases can take years to get to trial.  Even then, end results with judges and juries are highly uncertain. Luckily, mediation has stepped into the breach and offers [...]

By |2019-12-16T19:42:01+00:00April 10th, 2018|Mediation|

What a Mediator Brings to the Table

You’re smart.  Your lawyer’s smart.  He or she has probably told you what a good result would be for your case.  So why haven’t you been able to settle the case? Most likely, the stage hasn’t yet been set for a “shared moment of objectivity.”  After all, your lawyer’s [...]

By |2019-12-16T19:44:05+00:00April 9th, 2018|Mediation|

Confidentiality Counts

Mediation works because everything said or done in mediation is confidential.  Confidentiality provides a “safe” environment for the parties to speak frankly and openly with a mediator, and even each other, without fear of “being bitten” at trial in the event the case does not settle.This is part of the [...]

By |2019-12-16T19:36:58+00:00April 8th, 2018|Mediation|

Preparing the Client for Mediation

Successful mediation requires substantial client counseling in advance.  A client not fully and objectively knowledgeable about the case can be overly optimistic and unable to “know a good deal when he or she sees one.” Consider the following . . . . Timing.  The client meeting should [...]

By |2019-12-16T19:39:08+00:00April 7th, 2018|Mediation|

Mediation Steps that Work

You’ve agreed to mediate, but quite frankly you aren’t too optimistic.  The last settlement offers weren’t even “in the same zip code.” So how can it be that the mediation success rate is a whopping 85%?  What can a mediator do that you and your lawyer can’t do? [...]

By |2019-12-16T19:40:23+00:00April 3rd, 2018|Mediation|