Alternative Dispute Resolution
In this Special Report: "Before the Real Negotiations Begin: Use Good Faith Disclosure and Proactivity to Prevent Mediation Sabotage," "Be Prepared: ‘Presumptive ADR’ Is Coming," "Building a Safe Place for Mediation in Arbitration Proceedings," "How Mediation Differs From a Judicial Settlement Conference" and "Mediation Design: Start With the 'Why.'"
August 05, 2019 at 01:51 PM
2 minute read
A successful mediation is predicated on trust. Transparency and professional courtesy go a long way in advancing negotiations.
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.
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.
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.
What reasons for mediation would lead parties and/or counsel to design the process a little differently? Here are some.
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