BEFORE THE REAL NEGOTIATIONS BEGIN: USE GOOD FAITH DISCLOSURE AND PROACTIVITY TO PREVENT MEDIATION SABOTAGEAugust, 2019, By: Hon. John P. DiBlasi (Ret.)
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.Read more
MEDIATION: AVOIDING THE "S" WORD IN IP LITIGATIONAugust 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.Read more
CRITICAL DECISIONS AT MEDIATION: SHOULD A CLIENT ATTEND? SHOULD THE CLAIMS REP BE PRESENT?July 2019, Hon. Larry S. Schachner (Ret.)
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.Read more
MEDIATION IN 2019: "ALL-STAR" PANEL OF MEDIATORS SHARE ADVICE & EXPERIENCESJune 2019, Bob Worden, Esq.
On Tuesday evening, May 7, 2019, the Honorable Richard M. Berman invited Ken Feinberg, Esq. along with the Hon. Barbara S. Jones and Theo Cheng, Esq., to participate in an impressive and valuable program entitled, Mediation in 2019.Read more
WHEN THE CASE CANNOT BE SETTLED, USE A MEDIATION AGREEMENT TO SIMPLIFY THE TRIAL AND AVOID EXTREME RESULTSApril 2019, Bob Worden, Esq.
When a lawsuit is pending, there’s no better, more practical and effective way to resolve the dispute than through alternative dispute resolution (ADR). What a great feeling when all issues are settled. But what happens if you cannot settle everything at mediation?Read more