Although legal analytics are well established in U.S. litigation, it is a relatively new development in international arbitration but is likely to increase on an exponential basis in years to come.
The pressure on the Alternate Dispute Resolution world to handle a dramatic increase in volume offers the opportunity to consider a third or hybrid process of dispute resolution known as Med-Arb, the melding of the two established conflict resolution processes—mediation and arbitration.
While many attorneys have successfully utilized mediation or some sort of ADR program, it stands to reason that many others still have not. This article provides advice to mediation counsel on how to prepare an effective mediation statement, how to adapt their advocacy from litigation mode to mediation/settlement mode, how to use joint sessions to advance settlement objectives, how to work with clients and the mediator in caucus to arrive at creative settlement options and how to prepare an enforceable term sheet at the conclusion of the mediation.
While alternative dispute resolution has been successful in Surrogate’s Courts, Article 81 guardianship proceedings present unique challenges relating to an alleged incapacitated person.