As litigants and mediators have long understood, by the time a case is resolved, the parties involved have sometimes worked for many hours on what can be a grueling process. Therefore, it is on occasion difficult at that point to start drafting a settlement agreement from scratch. It is helpful for a mediator to come … Read more
There are clear guidelines that a mediator must follow as part of a successful mediation process. Of upmost importance is the impartiality of the mediator, demonstrating a lack of bias for any party or issue that may be raised during the mediation session. Inherent in that position of impartiality is the avoidance of any conflict … Read more
The black robed judge peered over the elevated large wooden bench and spoke to the litigants with a stern tone. “I’m suggesting that the parties attempt to mediate their dispute. Why? Because all I can do from the bench is issue a money judgment either for or against one of the parties. But in mediation … Read more
It is certainly not that uncommon to be in a mediation where one side feels that it has moved to its “lowest number” while the other side has reached its “highest number” and the gap cannot be overcome. It is at a juncture like this where mediators can choose to insert themselves into the negotiation … Read more
Mediation is a very effective way to resolve disputes between parties. Certainly, there are many reasons that mediations may work, even in strongly contested matters, because, in some instances, it is the first time that the parties have had a chance to tell someone their “story”. And often times, just sharing their perspective about the … Read more