Publications

Med-Arb: Is It the Wave of the Future?

The possibility of an eventual arbitration may very well motivate the parties to successfully reach a settlement at the mediation stage. The central advantages of Med-Arb are the certainty of a defined outcome, greater efficiency in terms of time and money, and greater flexibility concerning process and timeline.

The Joint Session – Benefits To Consider

Attorneys who have been litigating cases for years are in the best position to judge whether a joint session is worthwhile or not. There is no rule that there must be a joint session at a mediation. A mediator should maintain the flexibility to always work in a way that will best serve the process.

The Future of ADR, Post-Covid: Personal Musings From a Neutral

As my teenage children can attest, I am technologically challenged. So, at the onset, my technological aptitude was worrisome. Well, those worries are long gone. As most of us have figured it out, I have learned to share my screens with the other participants in the mediation or arbitration process.

Is Mediation Conducted Through Videoconferencing Better?

Human beings are social creatures and most of us would rather participate in-person if possible. In the post-Covid-19 future, both video and of course in-person hearings will be available. I want to share a few observations about the unique benefits that come with video mediation or as it is often referred to, videoconferencing or Virtual ADR.

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.