Mediation is a process through which parties in a dispute reach a compromise voluntarily. Judges and arbitrators do not decide cases in mediation, but rather, the process relies upon a third party neutral who assists the parties in settling their case.
(more…)
Posts Tagged ‘mediation’
What is Mediation?
Tuesday, November 15th, 2011Construction Mediation – Even When You Don’t Have To
Tuesday, October 11th, 2011The construction industry is very familiar with arbitration. It can be a quick and relatively inexpensive way to resolve a dispute – argue a point, get a decision, deal with it and move on. [I should probably note, as the industry is aware, though, that it is not always quick, not always inexpensive, and the absence of an appeal can be devastating if you get an arbitrator who just doesn’t get your point or the law.] Some contracts are even adding mediation as a component of the contract, requiring mediation before arbitration. (more…)
Mediating the Difficult Case
Thursday, September 8th, 2011I am both a litigator and a mediator, and in both of these roles, I am often told that there is absolutely no way that a case will settle in mediation. In my role as a litigator, my client is the one frequently telling me that the case will not settle, and as a mediator, it may be one or both of the attorneys making the same comments. However, in my experience, many of these “impossible to settle” or difficult cases do, in fact, settle. (more…)
Spotlight on Family Law – What are Parenting Time Coordinators?
Thursday, August 5th, 2010There is statistical evidence that high conflict divorces do damage to children. The courthouse should be considered the last option to resolve family conflicts, because contested hearings are expensive, often must be set far off in the future, and the stress of airing a family’s grievances generally serves to intensify rather than resolve the hostility between parties. Unfortunately, there are certain cases which for various reasons seem to return to court over and over again on parenting time issues. (more…)
What is Mediation?
Friday, May 7th, 2010Mediation is a process through which parties in a dispute reach a compromise voluntarily. Judges and arbitrators do not decide cases in mediation, but rather, the process relies upon a third party neutral who assists the parties in settling their case. (more…)
Mediating the Difficult Case
Friday, April 30th, 2010I am both a litigator and a mediator, and in both of these roles, I am often told that there is absolutely no way that a case will settle in mediation. In my role as a litigator, my client is the one frequently telling me that the case will not settle, and as a mediator, it may be one or both of the attorneys making the same comments. However, in my experience, many of these “impossible to settle” or difficult cases do, in fact, settle. (more…)
Spotlight on Family Law – What are Parenting Time Coordinators?
Tuesday, September 15th, 2009There is statistical evidence that high conflict divorces do damage to children. The courthouse should be considered the last option to resolve family conflicts, because contested hearings are expensive, often must be set far off in the future, and the stress of airing a family’s grievances generally serves to intensify rather than resolve the hostility between parties. Unfortunately, there are certain cases which for various reasons seem to return to court over and over again on parenting time issues. (more…)