Healthy joints in mediation

Mediation with joint sessions has declined in popularity, but still has its place in dispute resolution

Rebecca Grey

From Issue: 2020 August

Good faith and fair dealing by insurers in pre-litigation of auto accidents

A review of the rulings that hold the insurer liable for failure to reasonably settle within policy limits

Zachary J. Buchta

From Issue: 2021 September

Getting in the flow of mediation

A look at the mediation disclosure on confidentiality, the value of joint sessions, and how decision trees can be used in evaluating settlement offers

Kevin C. Coleman

From Issue: 2021 October

Fly on the wall

7 observations on both mistakes and smart moves that attorneys make in mediation

Nancy Neal Yeend

From Issue: 2017 January

First dance

Making the best use of first-dance mediations

Miles B. Cooper

From Issue: 2022 September

Emotions in mediation

Creating an environment where participants can express their emotions in constructive ways

Nancy Neal Yeend

From Issue: 2021 June

Guitar logic in mediation: Cowboy chords vs. jazz

Learning from the guitar how to value your case

Jeffrey Krivis

From Issue: 2013 May

Go graphic in mediation, not just in trial

At best, you will likely increase the settlement value; at worst, you’re really ready for trial

Morgan C. Smith

From Issue: 2011 June

Game changer: Animations in litigation

When to use them at mediation, and how to get them admitted into evidence at trial

Steven Brady
Jessica DeWitt

From Issue: 2018 August

Five things mediators do that drive me crazy

Ill-chosen words and misguided actions can disturb the flow of negotiation... and don’t get me started on the empathy stuff

David Graulich

From Issue: 2015 September

Fighting onerous confidentiality clauses in settlement agreements

Many proposed confidentiality clauses conflict with counsel’s right to practice and the public’s right to know

Anne Richardson

From Issue: 2016 October

Eight best-practices for mediating single-plaintiff wage-and-hour claims

Because wage-and-hour damages can be calculated more precisely, the parties may not be as far apart in their settlement valuations

Polina Bernstein

From Issue: 2023 July