December 18, 2017
NAM (National Arbitration and Mediation) is proud to announce that an article authored by the Richard P. Byrne, Esq. entitled, Why Mediations Fail, will be published on Monday, December 18, 2017 by The New York Law Journal, as part of its Litigation Special Report. Mr. Byrne has mediated hundreds of matters involving a wide range of legal topics including insurance coverage, construction and commercial disputes, employment, property damage, risk transfer disputes and disability claims.
The article addresses a myriad of ways a mediation can reach an impasse. Mr. Byrne draws upon his many years of experience as a litigator and a mediator and presents several conditions that could impede a mediation’s success. He states, “the failure to achieve resolution flows from more general causes which can be avoided if adequate thought is given to these potential pitfalls in advance of the session.” Mr. Byrne offers several suggestions that could prevent a mediation from reaching a resolution: above all, be prepared, have all decision-makers present, be open-minded to discussion and avoid presenting any ill-timed last-minute surprises that might derail the proceedings. Mr. Byrne states that mediations can be fraught with emotion and anxiety between parties and it’s the mediator’s job “to keep matters in balance and, slowly, as the session proceeds, allow the pressure to be released. Addressing this psychological component of the Mediation is often as critical as the substantive issues.”
For the third consecutive year, Richard P. Byrne, Esq. was voted one of the Top 3 Mediators in the country by the 2017 National Law Journal Annual Reader Rankings Survey, and for the second year in a row he was named a National Law Journal 2017 Alternative Dispute Resolution Champion, as part of a select group of only 37 nationwide. Mr. Byrne was also voted one of the Top 10 Mediators by the 2017 New York Law Journal Annual Survey for the fourth straight year.
Richard Byrne is available to arbitrate and mediation cases throughout the United States.
Founded in 1992, National Arbitration and Mediation is recognized for its superb customer service and exceptional panel of arbitrators and mediators. For the second year in a row, NAM was named Best ADR Firm in the United States by the 2017 National Law Journal Annual Reader Rankings Survey. Also, six of NAM’s neutrals were named National Law Journal 2017 Alternative Dispute Resolution Champions as part of a select group of only 37 nationwide. NAM also ranked as a Best National ADR Provider by the 2017 Corporate Counsel Best of Survey. The New York Law Journal Annual Reader Rankings Survey selected NAM as the No. 1 ADR firm for the past seven years. NAM was also voted a “Best Overall ADR Provider” in the 2017 Best of The New Jersey Law Journal and Best of the Midwest annual surveys.
NAM works with more than 10,000 commercial entities, including more than 50 percent of the Fortune 100 companies. NAM offers litigants a nationwide panel of more than 2,500 top-tier former judges and practicing specialists uniquely qualified to facilitate the resolution of disputes in a private forum. NAM maintains rosters in all 50 states, Puerto Rico and in major cities around the world, with specific expertise in the areas of complex commercial, construction, employment, entertainment, financial services, international, insurance, medical malpractice, personal injury (including third-party and first-party actions), professional liability and real estate dispute resolution. NAM is an indispensable resource for parties seeking cost-effective alternatives to expensive and time-consuming litigation.
NAM provides complimentary continuing legal education programs for attorneys, bar associations, corporate and government legal departments, and other legal and business organizations.