Staying Energized During a Mediation

Mediation can be an exhausting process, mentally, physically, and emotionally. In fact, an article in the Journal of Dispute Resolution, written by a Magistrate Judge, emphasizes this ‘phenomenon’ in further detail.  Calling it ‘spiritual fatigue,’ the Judge shares that staying centered emotionally and behaviorally in mediation — for the mediator and both parties — can lower the level of…

Mediation and the Professional Liability Dispute

Involved in a legal malpractice or professional liability dispute? As you are likely aware, it is common for a legal malpractice claim to be countered by a fee claim by the lawyer defendant arising out of the former representation of the plaintiff client.  The pendency of the fee claim raises some difficult issues with respect to…

What Is The Mediator Expecting From You?

Legal experts are continually publishing studies on the practice of mediation and what works and what doesn’t during the negotiation process. A recent study focused on the mediator himself and asked the question: What does the mediator really wanted to hear from both sides? The answer follows, allowing you — party’s counsel — to be…

Mediating the Insurance Coverage Case

In general the approach to mediation of an insurance coverage case is similar to other substantive areas of the law.  The difference is in the analysis of the insurance policies, the cases, and the rules of interpretation.  Without any question, insurance policies are the most difficult and least understood contracts in general use and they…

Taking Sides in a Mediation

As any experienced mediator can attest, there often comes a point in the mediation process where things between the two (or more) parties become a bit contentious. Each side has his idea of what he is looking for and expects opposing counsel to immediately understand where he is coming from. Rarely does this happen, so…