WHEN MEDIATION MAKES SENSE: PRESERVING THE BUSINESS RELATIONSHIP (FROM AN IN-HOUSE CORPORATE LAWYER'S PERSPECTIVE)

October 2019, Michael W. Emerson, Esq. Michael W. Emerson, Esq. Hearing officer for National Arbitration and Mediation, with name written below photo

As anyone who has served as a transactional lawyer knows, protecting the client is important, but so is preserving the client’s relationship with its customer. Maintaining this balance can be difficult when a deal goes bad and litigation appears inevitable. But it does not have to be that way.

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THE ROLE OF HUMOR IN MEDIATION - NO LAUGHING MATTER!

September 2019, Richard P. Byrne, Esq.

An important role for the Mediator is to know when to deploy a bit of humor or lightheartedness as a pressure relief valve in order to ensure that the participants do not over-heat in their advocacy or negotiation posture.

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BEFORE THE REAL NEGOTIATIONS BEGIN: USE GOOD FAITH DISCLOSURE AND PROACTIVITY TO PREVENT MEDIATION SABOTAGE

August, 2019, By: Hon. John P. DiBlasi (Ret.) Hon. John P. DiBlasi, J.S.C. Hearing Officer for NAM (National Arbitration and Mediation)

The mediation process is often sabotaged during the joint session where a dispute arises with respect to communications between counsel prior to mediation. These critical communications are usually informal, never reduced to writing and often lead to misunderstanding and mistrust between parties.

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MEDIATION: AVOIDING THE "S" WORD IN IP LITIGATION

August 2019, Jeffrey A. Schwab, Esq.

Mediation not only plays a significant role in facilitating settlement, it expands the times when it should be considered. Intellectual Property (IP) disputes are the perfect candidates for broadening the windows when mediation should be considered.

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CRITICAL DECISIONS AT MEDIATION: SHOULD A CLIENT ATTEND? SHOULD THE CLAIMS REP BE PRESENT?

July 2019, Hon. Larry S. Schachner (Ret.) Hon. Larry S. Schachner, Hearing Officer for NAM (National Arbitration and Mediation)

At most mediations, it is the norm for both a plaintiff and the claim rep to be present. In my experience as a mediator, I have almost always found it is very helpful to have the plaintiff and the claims adjuster, or someone from the insurance company with settlement authority, attend the mediation.

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