CONDITIONAL AND ALTERNATIVE DEMANDS/OFFERS CAN OFTEN MAKE THE DIFFERENCE IN MEDIATION

February 2020, Richard P. Byrne, Esq.

Sometimes traditional demands and offers do not allow parties the flexibility to explore the other side’s tolerances before striking an impasse in the negotiations. 

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THE BENEFITS OF EARLY MEDIATION - THE PATH LEAST TAKEN REQUIRES COMMITMENT

November 2019, Richard P. Byrne, Esq. & Hon. Peter B. Skelos (Ret.)

Disputes can be resolved in a private, expeditious and economical fashion. Flexibility is another valued benefit — in selecting a neutral, scheduling the time, day and location of the mediation, and tailoring the mediation to address the specific issues involved in the dispute.

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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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