Topic
Mediation
921 published works
WCMediator Blog
The Importance of Facts
By Teddy Snyder
A big part of a mediator’s job is to elicit and isolate relevant facts. Then we can determine points of agreement and disagreement. Mediations come in two basic types: –…
BuildSmart
No. 5 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after…
Ogden Glazer + Schaefer Blog
Pick Your Fight
By Erin Ogden
We’ve all seen the legal dramas on TV where the lawyers storm into court with vicious questioning and killer closing arguments. But in the real world, most disputes don’t end…
Articles From Loeb & Herman
The Magic of Mediation
With the training available to mediators today and the track record of success, it is close to malpractice for a lawyer to take a client to trial without at least…
Merge Mediation Group Blog
Mediation Lessons From the Talmud: The Components of an Effective Apology
In this latest post exploring mediation lessons from the Talmud, we discuss the components of an effective apology (the Talmud being an ancient Jewish legal text compiled around 500 C.E.…
WCMediator Blog
A Mediation Quiz
By Teddy Snyder
Find out how much you really know about mediation with this short True/False quiz. 1. Opposing parties meet together with the mediator in caucus. T/F2. No one can use documents disclosed solely…
Merge Mediation Group Blog
Insurer That Relied On Flawed Decision Tree Analysis Hit With $7.2M Judgment After Failed Mediations
The dynamic present in personal injury mediations is fairly straightforward. The defendant’s insurer (or the defendant, if self-insured) will estimate the risk of a jury verdict for the plaintiff on…
Merge Mediation Group Blog
Is Your Pre-Litigation Mediation Clause Well-Drafted? A Cautionary Tale from California
The popularity of pre-litigation mediation clauses continues to grow. Such clauses are appealing because they provide parties with a window of opportunity to settle a dispute before becoming embroiled in…
Elder Law Prof Blog
Mediation & Arbitration in Florida Probate Rules?
By rmorgan
Proposed amendments to the Florida Probate Rules are out for comment. These amendments allow for the use of mediation and arbitration. "The amendments provide that the court may refer all…
Merge Mediation Group Blog
Imago Couple’s Dialogue: A Technique for Addressing Emotion During Mediation
Nearly all disputes in mediation have both a financial and an emotional component. To paraphrase mediator Julie Denny*, the chief executive of a manufacturer is not just angry because the…