The concept of “collaborative law” as a means of resolving disputes without going to court has been utilized within the family law community for years. When applied in domestic and custody cases, the spouses voluntarily agree to make a good faith effort to resolve their disputes without judicial intervention and further agree to support their … Read more
One of my favorite expressions has always been “we have two ears and one mouth so that we can listen twice as much as we speak.” This adage may be nowhere more important than during a mediation. Ultimately, in a setting where all sides have come in good faith to seek a resolution of their … Read more
One of the unique benefits of participating in a mediation is opening the door and allowing another voice to enter the room. Litigants and their counsel will readily admit that after protracted litigation and the ongoing acrimony that often escalates within a dispute, it is oftentimes very difficult for the parties involved to manage their … Read more
Mediators who work in the employment arena helping to resolve employee claims for discrimination, harassment or retaliation are facing new challenges when it comes to the issue of including standard provisions in their settlement documents that address the confidentiality and non-disclosure of the terms of the agreement. Typically, an employer’s motivation for reaching a pre-trial … Read more
Certainly, when parties are otherwise unable to reach consensus on a settlement, the decision to utilize mediation as another method to enhance discussions is oftentimes a positive choice. Mediation offers the parties a new “playing field” where each side can arrive with a new perspective on resolution. Mediation offers the opportunity to include a third … Read more
We’ve all heard it said that a successful mediation is when “everyone leaves unhappy”. Certainly, the expression is intended to convey that sometimes to make a mediation work, the plaintiff gets less than they expected to receive, and the defendant pays more than they expected to pay- so everyone is unhappy. Such a sentiment may … Read more
There are dozens of reasons why disputes that should be able to be resolved at a mediation sometimes fail. One reason may be that the mediator selected was not the right person for the type of dispute involved. Another may be that the attorneys involved were not fully prepared and that lack of preparation impacted … Read more