Tales of Mediation
Practical tips for alternative dispute resolution from around the world, recounted by mediator Robert M. Smith.
Alternative Dispute Resolution
Tales of Mediation
Silence, a Mediator's Weapon
As demonstrated in these real-life anecdotes, saying nothing at all can sometimes do more for a case than a neutral's intervention, explains Robert M. Smith.
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Cross-Border Mediation
When negotiating with a party in Asia, patience and knowledge of local customs are key to a successful resolution, write Cathy Yanni of JAMS and Kathy Fisher and Rodney Jacob of Calvo Fisher & Jacob.
Building Business in Mediation
John Bates Jr. of JAMS discusses seven tips on using settlement negotiations as an opportunity to build a stronger relationship with your client.
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Resolving Arbitrability
The parties can decide who decides, but only if they make it really, really clear, explains Jon Sylvester of Golden Gate University School of Law.
It's Time for More ADR in Family Law
Where courts sometimes fall short, private neutrals may be in a better position to help families resolve their disputes, explains Dina Haddad of Families First Mediation.
Mediation in Gray and Green
Active participation from all involved often leaves clients happy with the outcome and their counsel, advises Jeff Kichaven.
ADR in Construction Disputes
Parties to a contract need to carefully draft the arbitration provision to ensure a mutually acceptable form of resolution.
Banking on Increased ADR
Court budget cuts and delayed proceedings are causing some lenders and borrowers to seek alternative forums for real estate claims, explains Mia S. Blackler.
Mediating Intellectual Property Disputes
With preparation and a qualified neutral, patent litigation can be resolved through ADR
Visualizing Your Case for ADR
Following these five steps will ensure the neutral has a better understanding of your position while also helping prepare you for trial, explains Morgan Smith of Cogent Legal.
If at First You Don't Succeed
When the initial mediation doesn't result in settlement, persistent follow-up efforts by the mediator often lead to resolution, explains Richard Williams of Gray Duffy.
In Defense of Arbitration
While often criticized, a hearing before a neutral is often the preferred forum for complex commerical cases, explains Michael J. Timpane of JAMS.
Insurance Can Impact Your Mediation
JAMS neutrals discuss top 10 issues to address to ensure that coverage disputes do not impede settlement negotiations.
Mediating Personal Injury Actions
Tort cases often have unique issues in settlement negotiations, but these tips will help bring you closer to resolution, explains Steven Block of JAMS.
Pitfalls of Private Trials
Picking your judge can be a blessing or a curse - things to know before taking a case ouside the public court system, explain Jaymeson Pegue and Elizabeth Farny.
How Confidential Is Mediation Confidentiality?
Matters discussed in settlement negotiations are not always kept private, but they are generally inadmissible, explains Shirish Gupta of Flashpoint Law.
Six Steps to Fair and Efficient Arbitration
Zela Claiborne of JAMS shares ideas for making arbitration smooth and cost effective.
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