Skip to content
Bruce Friedman MediationBruce Friedman Mediation
Bruce Friedman Mediation
Mediation and Arbitration in Los Angeles
  • Home
  • About
    • Litigation Experience
    • Mediation & Arbitration Case Summaries
  • Services
    • Arbitration Services
    • Mediation Services
  • Testimonials
  • News & Blog
  • Contact
  • Home
  • About
    • Litigation Experience
    • Mediation & Arbitration Case Summaries
  • Services
    • Arbitration Services
    • Mediation Services
  • Testimonials
  • News & Blog
  • Contact

Hidden Benefits of Mediation for Litigators

Aug92012
Benefits of MediationMediation

Some trial lawyers look down at mediation as a sign of weakness and lack of confidence in one’s case.  However, after experiencing mediations as both a trial lawyer and a mediator, there is more to a mediation than initially meets the eye.

getting a loan bad credit
http://ieetech.com/quickcash

As many experienced litigators can agree, one of the most important aspects of any case is understanding your opponent and their case.   What is the other party seeking? How will they go about trying to obtain it?  And, of course, why do they want it? Are all important questions to ask during  a pending case.  Mediation offers an opportunity to get answers to those questions and to fashion a resolution of a case that a victory in court will not provide.

So how might a mediation help get you there? A few ways, including the opportunity to spend time in close quarters with opposing counsel and his or her client. Here are several more reasons why mediation, led by a knowledgeable mediator, can be crucial to your case’s process.

1. Caucuses. As they say, two pairs of eyes are better than one.  If you have confidence in the mediator and her ability to assess the merits of a case, then the mediation provides an opportunity to test your arguments to a neutral who will have studied the briefs and can provide useful feedback on critical factual and legal issues.  Caucuses provide a meaningful opportunity to openly discuss matters that you do not want the other side to hear, a chance  for you to use to test ideas with an individual who may understand the other party’s case better than you do.

2. Emotions. We have all seen strong emotions emerge during lawsuits which are stressful for both client and counsel.  Mediation is intended to offer a safe forum for expression of strong feelings and these reactions also give you a glimpse into the other side’s mind. Pay close attention and remember that experienced mediators are trained to handle emotions productively.  You can learn a lot about how both your client and the other side feel about the case which will provide valuable insight into what it will take to resolve it..

personal loans deals

3. Information Gathering.   Hopefully, the mediation will result in a settlement, but if it doesn’t, that does not mean that the mediation has failed.  A mediation is a way to learn things about the case that a savvy lawyer may exploit in further litigation of the case.  Sometimes, it is necessary for the parties to engage in more discovery, or take expert witness depositions before it is possible to settle the case.

4. Information Sharing. Remember, the overall goal of mediation is to settle the dispute which requires that you share information, not withhold it. While learning about the other party’s case is certainly a benefit of the negotiation process, the mediation is designed to produce a settlement agreement in your client’s best interests, without the time, stress and financial commitment of a courtroom battle.

Bruce A. Friedman is a mediator with a national practice. With years of litigation experience behind him, he understands the goals of the mediation process and will do his best to ensure that the needs of both parties are met, justly and efficiently. For more information on the mediation services that Bruce A. Friedman provides, check out his website at http://www.FriedmanMediation.com, his profile at ADRServices.org, or call him at (310) 201-0010.

Category: Benefits of Mediation, MediationBy bfriedmanAugust 9, 2012
Tags: Benefits of Mediationmediationmediation tips

Author: bfriedman

Post navigation

PreviousPrevious post:Named to Central District of CA Mediation PanelNextNext post:Bruce Friedman Honored with Award for Excellence

Related posts

Bruce Friedman Discusses the Early Mediation of Insurance Coverage Cases on Law.com
March 24, 2016
As Featured on Law.com: Effective Impasse Busting Techniques
May 8, 2015
Bruce Friedman: Guest Host on Conflicts Specialists Show
February 5, 2014
Impasse — A Mediator’s Opportunity
December 18, 2013
Bruce A. Friedman Named as ‘Rising Star’ Among the ‘Top 50 Neutrals in California’ by the Daily Journal
October 17, 2013
On the Radio with Bruce Friedman
September 23, 2013
Blog Categories
  • Benefits of Mediation(2)
  • Bruce's Corner(30)
  • Honors(1)
  • Mediation(39)
  • Publications(5)
Recent Posts
  • Bruce Friedman Discusses the Early Mediation of Insurance Coverage Cases on Law.com
    March 24, 2016
  • As Featured on Law360: Shepherding Insurers Through The Mediation Process
    October 9, 2015
  • Featured on Law.com: Impasse-Busting Techniques – Part 2
    September 10, 2015
  • As Featured on Law.com: Effective Impasse Busting Techniques
    May 8, 2015
Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
Resources
linked in for bruce friedman attorney los angeles mediation services
Los Angeles Office

555 West Fifth Street
(Gas Company Tower)
32nd Floor
Los Angeles, CA 90013
T: (800) 352-JAMS

View Map & Directions

Century City Office

JAMS Services
The Watt Plaza
1925 Century Park E
Los Angeles, CA  90067 
310-392-3044

View Map & Directions

 

©2018 Bruce A. Friedman. All Rights Reserved
  • Home
  • Privacy Policy / Terms of Use
  • Contact
  • Web Design by WebPresenceesq.com
Privacy