Federal courts have long been in favor of enforcing arbitration agreements, including in the context of nursing home residents. In Marmet Health Care Center v. Brown, 565 U.S. 530 (2012), the Supreme Court ruled that the Federal Arbitration Act, 9 U.S.C. § 1-16, (“FAA”) overrules any state law providing that arbitration agreements in nursing home […]
I’ve been mediating now since 2004. It’s interesting to look back and see how practices and habits have changed or, more precisely, to identify trends. I’ve actually noticed a number of trends. I and others here at BAY will share our observations about them. One trend I see blossoming is a tactical decision on both […]
As a mediator, I can do a better job helping you settle your case if you tell me these 6 things. Most mediators are happy to read the information in advance (I know I am), or you can lay it out during the opening conference. 1. The basic facts You have lived with […]
Many attorneys, and certainly those that have spent much of their careers without the relatively new benefit of mediation as an alternative to trial, often proclaim that mediation is a waste of time. Whether the parties are too entrenched in their positions, or if they simply feel like they will achieve a better result at […]
Do you have one of these 3 clients? As a general rule, you want your clients to talk at the mediation opening conference – but NOT these three types of clients!
Part 1: The Blindsider At a recent mediation, the two parties were really far apart on their numbers. After I caucused with both sides, I realized that the defendant knew critical information that the plaintiff did not know. It was no wonder they were so far apart on their numbers! — They were evaluating two […]
The last blog post I wrote about whether you should make an opening statement at mediation. I gave four key reasons why you usually will want to make an opening statement. Here’s a checklist to help you decide when to make an opening statement, when you can skip it, and the one circumstance when you […]
When I speak at CLE events, the most frequent question is: Should I make an opening statement at mediation? The answer is almost always an emphatic yes. This blog will cover some of the key reasons you will want to make an opening statement. Reasons to Make an Opening Statement 1. To show […]
Be sure to stick these 7 things in your bag when you pack up to go to mediation. Number 5 may surprise you – it did me! If possible, bring old-fashioned paper copies of the documents. If you are short on planning time, you can always pull up the documents you need on your […]
Mediators often talk about wanting to receive a “mediation brief” before the mediation starts. The term is unfortunate because it implies the mediator is expecting a specialized, formal document. Faced with writing (and billing for) yet another formal, legal document, many lawyers elect not to send anything at all to the mediator. Today I want […]