Lawyers Representing Clients at Mediations Should Be Mindful of Their Ethical Obligations
Although mediations are private, informal proceedings, observing the Rules of Professional Conduct governing lawyers is no less obligatory than at a hearing or trial. Lawyers
Consideration for a Settlement Can Include More Than Just Money.
Most successful mediations result in parties agreeing that one will pay the other an agreed sum. When the parties cannot agree on the amount, however,
When Formulating an Offer Think About How It Will Be Received.
Negotiating parties naturally focus on their own needs and pay far less attention to the needs of their adversaries. This bias toward its own needs
A Successful Mediation Is Not Limited to One Where the Parties Reach Complete Agreement at the Mediation Conference.
We tend to think of a mediation as successful where the parties reach a complete agreement at the mediation conference and as unsuccessful where they
A Defendant That Needs Extended Payment Terms Should Make a Timely Request.
A defendant will often find itself unable to pay in a lump sum the amount needed to settle. Happily, to obtain a sufficient settlement a
When Scheduling a Video Mediation Let Your Mediator Know the Geographical Locations of the Parties
Before video mediations became widely used almost all mediation participants were physically present at the same location. There was rarely an issue about choosing a
