Publications

Anyone who has handled a Labor Law case knows that they are extraordinarily different than your garden variety negligence claims.

At first blush one may think that the role of a judge engaged in the process of mediating settlements is basically the same as that of a neutral. There are indeed some similarities. However, now that I am on the other side of the bench, I have learned that in fact, there are significant differences that practitioners should keep in mind when comparing private alternative dispute resolution and mediation in the court.

A mediation session that is initially unsuccessful is an excellent starting point for a second mediation with both sides now being more realistic in their positions. It gives each side the opportunity to step back, take a deep breath, and reevaluate their respective positions with the assistance of the mediator.

Theodore Roosevelt packed several lifetimes into a single life: North Dakota Badlands cowboy, boxer, hunter, Rough Rider, Police Commissioner, New York politician, and United States President. And what’s more, he was a skillful negotiator.

Mediations in sexual abuse cases are different from “garden variety” personal injury claims for a number of reasons. First, it is important to recognize that there is an emotional component, and that it may be difficult for a plaintiff-survivor to discuss the facts of the case.

When it comes to trying or arbitrating construction cases, the traditional, formal trial format is simply impractical, cumbersome, too lengthy, and quite expensive.

In the absence of a collective or individualized agreement, how a workplace conflict gets resolved may depend on the employer’s policies. Some employers may encourage or require employees to seek informal resolutions through their supervisors or through human resources staff members.

When parties begin telling their story to the mediator, the parties gain better clarity about their case and about their adversary’s positions. A mediator will encourage robust discussion and allow each party to open up and really dig into the facts, details and law supporting their positions. In doing so, the mediator allows each party to tell their story and have their “day in court.”

While fascinating and rewarding, mediating is not as simple as it might first seem. Every mediation is different. There is an everchanging dynamic of attorney personalities, litigant personalities, legal issues, and medical issues. Mastering Mediation is a tool kit to use for varying situations.

Some of the most contentious legal disputes that confront attorneys center on valuation of property that is the subject of competing claims. Avoiding coming to grips with detailed valuation issues, and the concomitant need for expert testimony, by putting the property up for sale, and letting the market determine the value, is often not possible, or not feasible, or simply undesirable to one or more of the parties.