Mediator Bruce Friedman recently wrote an article for Law.com on the Early Mediation of Insurance Coverage Cases. According to the article, the mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common. In part, this trend is the result of ADR provisions in insurance policies that require that the…
There comes a time in every mediation when negotiations reach an impasse. Negotiations can stall at the outset of a mediation when the parties are unwilling to bargain with one another either because “it is the other side’s turn,” “we won’t respond to that outrageous demand” or “we won’t accept that insulting offer.” Later in…
Bruce Friedman was recently a guest on the popular “Conflict Specialists Show” hosted by Dave Hilton. During their conversation, Bruce shares how to ‘win at mediation’, getting past an impasse in mediation, and other tips for both litigators and mediators alike. A former litigator himself, Bruce call on his litigation experience during the mediations he…
The mediation has gone on for hours. The parties have negotiated slowly and methodically, but remain far apart. The negotiations are not in the “zone of agreement,” the mediator’s term for closing in on a settlement amount. The negotiations have reached an impasse. Governing Impasse occurs to one degree or another in nearly every mediation. …
Congratulations to Bruce A. Friedman for being named as a Rising Star among the ‘Top 50 Neutrals in California’ for 2013 by the Daily Journal. The Daily Journal compiles this prestigious list annually, researching which California neutrals handled the most high stakes and most influential cases, and which neutrals were most in demand. Having transitioned from litigation to…
Bruce Friedman recently appeared on the Doug Noll Radio Program to discuss the sensible means of resolving legal disputes. As a former litigator turned mediator, Bruce’s experience in the alternative dispute resolution arena is varied and extensive. If you missed Bruce’s interview, click here. all payday loans online To discuss your mediation and/or arbitration needs,…
Tonight, 9/19/13, at 7pmPST, Bruce will be on The Doug Noll Show, a radio show dedicated to giving world peacemakers a voice. Bruce will be on the program for an hour. Bruce will be discussing his experience as a litigator turned mediator. If you would like to call call in to speak with Bruce and/or…
As you might be aware, there is a LinkedIn Group dedicated to Online Dispute Resolution, featuring announcements of conferences on online mediation and blogs on new products that will revolutionize technology assisted dispute resolution. This group is just the latest example of a renewed interest in online or e-mediation as a means to resolve disputes. …
In an informal survey of mediators, I have found that our collective experience is universal –the initial demand is extraordinarily high, bears no relationship whatsoever to the verdict potential of the case and is usually counterproductive to the mediation process. Since the initial demand is usually made only after lengthy discussion of the strengths and weaknesses of the case and the range of recoverable damages, it is even more perplexing that it bears no relationship to the recoverable damages in the case.
Mediation is certainly not a one-size fits all solution. In a recent article published by the ADR Times, Bruce Friedman discusses the three main styles of mediation and how each relates to the commercial case resolution process. Here’s an excerpt: “In my experience, in the mediation of commercial cases, the parties and their counsel want…