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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MEDIATION IN 2019: "ALL-STAR" PANEL OF MEDIATORS SHARE ADVICE & EXPERIENCES

June 2019, Bob Worden, Esq. Bob Worden, Esq. Hearing Officer for NAM (National Arbitration and Mediation)

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.

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WHEN THE CASE CANNOT BE SETTLED, USE A MEDIATION AGREEMENT TO SIMPLIFY THE TRIAL AND AVOID EXTREME RESULTS

April 2019, Bob Worden, Esq. Bob Worden, Esq. Hearing Officer for NAM (National Arbitration and Mediation)

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?

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