After thirty-two plus years practicing law I have had more than my share of clients tell me that their particular dispute was not about the money. Any lawyer practicing for any length of time has had the same experience and
ADR Notes
ADR Notes, published by Boyce Law Firm, focuses on alternative dispute resolution with an emphasis on mediation practices. The blog discusses key principles such as mediator competence, self-determination of parties, and the importance of a quality mediation process. It addresses practical aspects of mediation including procedural fairness, participation, and the role of mediators in facilitating resolutions beyond monetary terms. The content also explores ethical standards, mediator training, and the dynamics between mediators, parties, and legal counsel. The blog aims to provide insights into effective mediation strategies and the ethical framework guiding mediators' conduct.
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A Quality Process
While the parties control the outcome of a mediation, the mediator manages the process from which the outcome flows. The preceding post mentioned the fact that a mediator is obligated to conduct a quality mediation and protect the “quality of
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Mediator Competence
I blew out my knee twice playing college football As a consequence I have more than a passing familiarity of the anatomy of the human knee. Does that knowledge of the knee’s anatomy mean that I am competent to perform
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The Importance of Self-Determination
It is likely no coincidence that self-determination is listed as the first standard in the Model Standards of Conduct for Mediators (“the Model Standards”). The Model Standards were designed to “…serve as fundamental ethical guidelines for persons mediating in all
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It’s Not About You
I mediated many cases before ever having had any training, formal or otherwise, as a mediator. My impression of a good mediator before training was of someone who didn’t engage in any of the “touchy feely” stuff like joint sessions,
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The Mediator’s Proposal
Dealing with impasse is an issue that arises in nearly every mediation that I handle. There are many different ways to address impasse depending on the circumstances of the particular mediation. In certain circumstances I like to suggest to the
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The Devil Is In The Details
Anyone that has ever negotiated anything knows the oft repeated phrase “the devil is in the details”. In my experience as a mediator, I have found that often the parties or their lawyers leave until the very end what are
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What’s Your Mediation Plan?
When you go in to a mediation do you have a plan? If not, I think you are making a big mistake. You would never go in to a trial without a plan. Neither should you enter the mediation room
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The Use of Binding Mediation
While I have written previously about the use of “Med-Arb”, the concept of binding mediation was foreign to me until recently. I read an article written by Peter Gene Merrill entitled “Binding Mediation: The Time Has Come for This ADR…
The Pre-Mediation Caucus
I mentioned in the last blog the importance in my opinion of having a pre-mediation caucus (fancy mediator jargon for a phone call) with the lawyers involved in the case. I do not always have the mediation submissions by the
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