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 […]
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 […]
TV and movies offer a steady stream of courtroom scenes, but – as a mediator, I’ll be the one to say it! – mediations are not exactly high-drama fodder. Having never seen a mediation before, most clients do not know what to expect, and they have a lot of questions and misunderstandings. Today we are talking […]
Time is money (and in the legal world, time is expensive). So, it is in both yours and your client’s best interests to be as productive and efficient on the day of mediation as possible. Efficiency will decrease mediation costs, as well as your client’s legal bills. Following these 3 tips will help maximize your […]
For many clients, the opening mediation conference is a puzzle. They may be confused — even alarmed — that you are not making an impassioned presentation of their case. They may want to argue with the other side or express their opinion. By explaining the opening conference to your client in advance, you can avoid […]