There is an ongoing debate over the benefits of including opening statements in mediations. Opponents claim that allowing opposing parties to make (possibly vitriolic) statements, outlining the strengths of their respective cases and the weaknesses of the opposition, is the last thing needed right before the parties attempt to resolve their dispute. Supporters contend that … 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
A cornerstone of mediation as an approach towards dispute resolution is the understanding that the process is considered confidential. Why is this important? Essentially, it is the fact that the parties can freely discuss the merits of their case, without the fear that their position will be undermined, that permit the mediation process to help … Read more
It is hard to keep track of the differing opinions coming out of the Federal Court of Appeals and the Supreme Court on the issue of the enforcement of arbitration provisions in different types of contracts as well as the ability to include a class action waiver as part of that arbitration dispute remedy. In … 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
Employment disputes inside corporations are inevitable. Even with strong human resource oversight, companies cannot avoid the likelihood of claims arising from their employees, whether they are wage related or rise to the level of discrimination or ADA violations. Due to the increased cost of court litigation, many companies have turned to offering in-house alternative dispute … Read more
One of the main reasons that mediations fail is the lack of open communication between the parties. It is essential for both parties that voluntarily enter into the effort at resolution through mediation to have the opportunity to be heard on their concerns and needs which led them to litigation. It is equally important for … 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
If we were to look at why conflicts develop between individuals or even companies, it is likely due simply because of differing opinions between the parties. Those differing opinions can be due to the disputing party’s frame of reference to a situation as compared to their intentional effort to challenge the other party. Everyone has … Read more