THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution by Scott Zucker THE MEDIATION MINUTE: Insights on Alternative Dispute Resolution is a compilation of articles about the process, strategy and psychology of successful mediations. The topics are varied and hopefully some of the discussion points will assist both lawyer-advocates and other mediators to consider issues that … Read more
One of the programs that has developed from the growing evolution of alternative dispute resolution is that of Dispute Resolution Boards. What is a DRB? A Dispute Resolution Board (DRB) is a panel of independent, neutral professionals typically used in large construction projects to: How are DRBs created? An often-used approach for creating a Dispute … Read more
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
The success of mediation is well known. In excess of 85% of all cases are settled when the parties come together to talk about their dispute, when each side has the opportunity to be heard and, most importantly, take an active role in crafting a resolution to the pending dispute. What is often noted by … Read more
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
Effective July 1, 2021, Georgia becomes the thirteenth state to enact the Uniform Mediation Act (the “Act”).1 The Act, which was drafted in cooperation between the American Bar Association’s Section of Dispute Resolution and the National Conference of Commissioners on Uniform State Laws, offers uniform standards for mediators and parties who agree to participate in … Read more
The “Digital Divide” identifies the gap between those who have easy and ready access to computers and the internet and those who do not. This divide has become more readily apparent during the pandemic, as individuals were pushed into their residences to “work from home” and students were similarly required to find a way to … Read more
Much has been discussed over the years as to the importance of maintaining the concept of confidentiality as part of the mediation process. Any concern relating to lack of confidentiality during the process would risk the incentive of openness and honesty during settlement discussions. In that the concept of confidentiality is crucial for a successful … Read more
As litigators of all types, in all areas of the law, in big or small firms, we all collectively suffer with the closure of our public courthouses during this virus crisis. Cases are stayed, parties are frustrated and there seems to be a lack of control to create solutions to the growing needs of our … Read more