Tag Archives: mediation

Is It Possible To Achieve A Successful Outcome In Mediation?

Now that mediation is being used more and more frequently, as discussed recently in this article, what should a party’s goals be in the mediation and how can they achieve them?

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Mediation: A Growing Presence in the Courtroom and Business

With increasing frequency, mediation is not a choice that can be made by a party in a lawsuit or transaction; the courts are requiring parties to go to mediation, whether they want to do so or not. Additionally, many courts … Continue reading

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The Crucial Prologue: Telling Your Story in the Pre-Mediation Statement

Co-authored with colleague Adam J. Halper, I am pleased to share this article written for New York Dispute Resolution Lawyer. Click here to read the full article. Originally printed: NYSBA New York Dispute Resolution Lawyer | Fall 2018 | Vol. … Continue reading

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Why Attend Mediation?

  “Should I attend a mediation? What is my role?” The answer to the first question is simple. Parties in most instances must attend a mediation. Court rules and mediation providers often require it, and it is certainly a best … Continue reading

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It’s Not Over Until…the First Juror’s Sworn? (Part 2)

{3:00 to read} In my previous article, I discussed whether a mediation, which did not result in a settlement after the initial sessions, has ended. In this continuation, I will explore what can happen after the parties have arrived at … Continue reading

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It’s Not Over Until…the First Juror’s Sworn? (Part 1)

{3:00 to read} We know when a mediation begins. The better, and often more challenging questions are: when has it ended and was it successful? If at the end of one or more agreed-upon sessions the parties settle all of … Continue reading

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Parties in Dispute: Their Wants vs. Interests and Needs

{4:15 minutes to read} In a mediation, after learning the basic facts and issues in dispute, the mediator will work to identify each party’s interests and needs; this is different than a party’s “wants.” If a party has not already … Continue reading

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Divergent Perspectives Converge in Mediation

  {3:40 minutes to read} The parties have been at it for a while, without coming to an agreement. When is the mediation “over”? In any mediation, the parties and the mediator may view the give and take differently. From the … Continue reading

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Mediation: An Attractive Alternative in the Commercial & Non-Commercial Division

{3:50 minutes to read} In one of my previous articles from June 2015,  I described a pilot mediation program launched that month by the Commercial Division of New York County Supreme Court to supplement its existing mediation program. That pilot … Continue reading

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What Should I Look for in a Mediator?

{3:45 minutes to read} When going forward in mediation, quite often the parties have the opportunity, at least in the first instance, of choosing the mediator. This raises some questions: What type of mediator are they looking for? What skills should the … Continue reading

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