Publications

The Mediation of Catastrophic Injury Medical Malpractice Cases

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines) and medical briefs in order for the mediator to properly prepare for the hearing.

Back to the Future – Where Does Mediation Go From Here?

What will Mediation look like when that day arrives? Will there be in-person Mediations? Yes, absolutely. Will there be virtual Mediations utilizing videoconferencing? Yes, absolutely. Will there be Mediation sessions employing both in-person and remote participation simultaneously? Again, the answer is: Yes, absolutely.

Good Faith and the “Golden Rule” at Mediation

The mediator’s function is to help the parties sort through the facts of the case. His or her success as a mediator depends upon treating everyone in the room with equanimity. It's difficult enough to prepare for a mediation, but finding out that the playing field has been changed at the last minute makes things that much more difficult.

CCBJ Interview — Coming Face-To-Face With Virtual Alternative Dispute Resolution

I do see Virtual ADR as a game changer, as we come out of this crisis, because companies are going to be very mindful of their bottom line. The ability to just log in at 9 in the morning from wherever you are and actively participate, to see the other side and the other side’s principals, to have the exchanges that we’d be having if we were in a conference room together, that is remarkable.