mediation

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Before the Real Negotiations Begin: Use Good Faith Disclosure and Proactivity to Prevent Mediation Sabotage

A successful mediation is predicated on trust. Transparency and professional courtesy go a long way in advancing negotiations.

Be Prepared: ‘Presumptive ADR’ Is Coming

In light of the court systems’ ADR initiative and imminent implementation of a new “presumptive ADR” program, practitioners should be aware of the impetus behind the drive and how they can prepare for it.

Building a Safe Place for Mediation in Arbitration Proceedings

It is a critical time for the arbitration community to consider a blueprint for increasing the use of mediation so that settlement rates in arbitration can be competitive with litigation.

How Mediation Differs From a Judicial Settlement Conference

Mediation is not merely a more time-consuming form of settlement. It is a different process that, on account of its differences, takes more time.

Mediation Design: Start With the ‘Why’

What reasons for mediation would lead parties and/or counsel to design the process a little differently? Here are some.