Integrity and the Mediation Process

As with most aspects relating to the practice of law, there are many traits that differentiate one legal professional from another.  For example, successful litigators can be aggressive or soft-spoken. Mediators can be pushy or patient. The key is to finding what works for you and your practice. As a former litigator turned mediator, I…

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…

The Letterman List

Each week I set aside time to gather information about the mediation process that I believe my colleagues will find useful.  As a mediator and former litigation partner, I understand the issues and concerns that affect the parties and aim to be a reliable resource for all things mediation. That being said, add this to…