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
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.
Spotlight With James J. Wrynn, Esq: Why Alternative Dispute Resolution Is More Important Than Ever
In 2020, the court system has faced unprecedented challenges from the pandemic and associated budget cuts. Business disputes, however, continue on – and with would-be litigants facing uncertain waits in the court system for their most pressing issues, Alternative Dispute Resolution (ADR) has taken on new importance.
Unprecedented Times Require a Viable Alternative – ADR Is the Answer
The reality is that now in most jurisdictions, it is almost impossible for litigants to have their day in court, impaneling a jury is out of question, the processing of routine legal matters has taken a dramatic hit and the backlog of cases awaiting trial on most court calendars has grown exponentially.
Mediators Talk ‘East v. West' Split Over Use of Opening Sessions To Lay Out Disputes
Even the most even-keeled neutrals seem to be at odds over what they describe—approvingly or otherwise—as a growing trend in the profession to eschew opening or plenary sessions among the parties. Some say they can still be productive. Others welcome their demise. By Greg Land | October 08, 2020 | Published in the Daily Report […]
CCBJ Interview With Rhonda L. Epstein, Esq. | In The Age Of Coronavirus, ADR Is More In-demand Than Ever
Rhonda Epstein is a longtime proponent of ADR and a seasoned litigator with an extensive background in employment law and commercial matters. She talks about how that experience helps her work as a mediator and arbitrator, especially as COVID-19 wreaks havoc on businesses and the court system alike.
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.