Over the past 30 years working on personal injury and insurance claims - as a lawyer, arbitrator, and mediator - I have observed that settlement discussions in advance of mediation occur all too infrequently. Five factors which I believe contribute to the inability of those...

Preparing for mediation can be an intensive process for both lawyers and clients. Advancing or defending a matter requires exceptionally good research skills to navigate through questions of law, relevant precedents and to establish all pertinent facts. Even the most thoroughly-prepared lawyer can fail to achieve...

There is a common view that when mediation produces a settlement, it has been successful and, conversely, where mediation fails to produce a settlement, it has been a failure. Needless to say, mediators, us included, would prefer not to characterize a mediation which does not...

Mediation is a very complex and dynamic process. That said, I have tried to set out my thoughts on five things you need to know and consider as you prepare for and conduct a mediation.  Mediation is an Opportunity Mediation has been defined by some as...

When you hire a roster mediator or have a roster mediator appointed, there is significant variability in relation to the mediator’s knowledge, experience and training. Roster mediators may be new to the market or they may be veterans in the marketplace. Can the mediator get...

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