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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SPEAK TO YOUR MEDIATOR – EARLY AND OFTEN!

April 2019, Richard P. Byrne, Esq.

Parties should take advantage of the opportunity to speak with their Mediator in advance of an upcoming Mediation session. Although admittedly not routine, nothing precludes counsel from initiating such communications.

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CREATIVE MEDIATION: ALLEVIATING COMMERCIAL DIVISION CONGESTION

March 2019, By: Hon. Melvin L. Schweitzer (Ret.) Hon. Melvin L. Schweitzer. Hearing Officer for NAM (National Arbitration and Mediation)

As the adage goes, “success breeds success” and we find that the Manhattan Commercial Division continues to see even more complex cases, with higher amounts at stake. This has led to occasional rumblings from some members of the commercial bar that motions appear to be taking longer to decide.

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