You Should Exchange Your Briefs
Your pre-mediation briefs, that is. It is generally agreed among lawyers that some amount of information must be possessed by both disputing parties to a mediation, if the mediation is to result in...
View ArticleQuick! . . . Mediate That Business Divorce!
One of the officers of a corporate client calls. You note the distress in his voice immediately. He tells you that a dispute has arisen between the major shareholder factions of the company, and he...
View ArticleWhither the Joint Session
Recently I represented a client in a mediation at which the mediator – from New York – told me that he would not hold a “joint session” (i.e., a discussion in which all the parties or their...
View ArticleSometimes It’s Good to Have the DTs (That Is, Decision-Tree Analyses)
In my Med-Arb Memo of August 2010, I pointed out that a formal mediation session actually should be considered as just one part of a possible multi-part process. I just read an interesting article...
View Article
