Filtering by Category: ADR Techniques,Successful Mediation Tips
Experienced negotiators are never in a rush to communicate their bottom line too early to either the mediator or the opposing party. Having taken the care to develop a negotiating strategy, experienced negotiators let that strategy work, as well as the mediation process, in a natural and holistic flow.
Read More Successful Mediation TipsWhen in trial, it is often critically important for the jury to believe that the attorney is the “smartest person in the room,” an impression that the trial attorney may intentionally convey particularly when cross examining the opponent’s expert witness. However, in the mediation setting listening, observing and learning is far more important than demonstrating one is the smartest person in the room.
Read More Successful Mediation TipsExperienced litigators do not confuse trial advocacy with mediation advocacy. They are completely different types of advocacy as they have radically different purposes. In a trial or arbitration, the attorney is attempting to convince the trier of fact of the righteousness of the client’s position(s). In mediation, advocacy is obviously designed to effectuate a resolution that is acceptable to the client.
Read More Successful Mediation TipsAs stated by a respected philosopher, positive “conflict lies at the core of innovation.” Indeed, positive conflict is a component in literally all successful mediations. As any professional Team Leader knows, a critical ingredient to the success of a highly effective and well-functioning team in solving difficult operational or other business problems is the ability to generate, embrace and harness the power of positive conflict.
Read More Successful Mediation TipsFast Track/Expedited Jury Trials have not gained significant traction in Michigan. However, in a number of jurisdictions that have experimented with this particular ADR technique (primarily in cases where the exposure is $100,000 or less), the benefits to the litigants have been demonstrable. Litigants are afforded the opportunity to have their day in court and receive a binding jury determination from a jury selected from the Court’s standard jury pool. It is a trial process that is far less expensive and faster than a traditional jury trial.
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