Originally published in December 2020. Last updated January 2024. I’d like to offer five tips that could pay off for you and/or your client in mediation. 1. Preparation Is Key. As Benjamin Franklin once said, “By failing to prepare, you are preparing to fail. Advance work preparing your client for what to expect at mediation
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Achieving Success In Mediating Catastrophic Injuries
Originally published on OBA.org on November 02, 2023. Republished with permission. Personal injury cases involving catastrophic injuries can be some of the most hotly-contested actions in this field of law – and it’s little wonder why. Significant amounts of money – sometimes millions of dollars – are often on the line. For the plaintiff, the
Continue readingMake The Most Of Your Opening Statements At Mediation
Originally published in September 2022. Last updated October 2023. Often, counsel believes that openings at mediation are a “waste of time” that unnecessarily delay getting down to negotiating. Some lawyers believe they usually do more harm than good. I don’t agree. Although there may be certain cases or areas of law where opening statements are
Continue readingThe Benefits Of A Mediator With A 360-Degree Perspective
A mediator with subject matter expertise, understanding, and experience in seeing how things play out at trial or in arbitration, can be a valuable asset when working to settle cases and move files forward. Informed, Knowledgeable and Experienced A key part of an effective mediator’s role is to help parties see the strengths, weaknesses, and
Continue readingMediating Long-Term Disability (LTD) Claims
Long-Term Disability (LTD) matters can be complicated and contentious. As lawyers and insurance claims representatives know, dealing with complex medical and legal concepts at a time when an LTD applicant’s emotions are running high over the financial implications of debilitating illness or disability can sometimes make for a challenging time at the mediation table. But,
Continue readingCan A Mediation Fail?
Even if everyone at the table is focused on the best interests of their clients and moving the file forward, mediation may not always end with a settlement. This doesn’t necessarily mean that the mediation was a failure! Any mediation that results in the parties speaking openly and honestly to each other is a “win”,
Continue readingThere Is No Such Thing As A Failed Mediation
When I sit down with parties at a mediation, most of the time everyone at the table is interested in one thing above anything else: reaching a settlement. Unless one or more of the parties is determined to see their day in court, it’s clear that having a direct say in the outcome of a
Continue readingExcelling At Mediation: Practical Tips And Best Practices
Even the most confident and experienced lawyers and claims professionals probably feel a little uncertain when they walk into a mediation meeting room. No matter how prepared you are and how many times you’ve been in the same situation, you can never be certain how a session will play out. The particular facts of a
Continue readingHave You Considered Mediating Early (Before Discoveries)?
If the early bird gets the worm, does the early mediation get the settlement? Quite possibly – and it has the added potential to save all parties time, money, and relief from the uncertainties that come as some files advance through the system. In this blog post, I consider why you might want to meditate
Continue readingMaking The Most Of Half-Day Mediations
In this blog post, Marshall Schnapp provides some tips for making half-day mediations productive and time well-spent.
Continue readingGetting The Most Out Of Your Mediations
A new year is a time for reflection and resolutions. We seek to better ourselves personally and turn our mind to our professional practices as well. As counsel, you ask yourself how you can run your files differently than in the past and set up your practice in the new year for continued success. While
Continue readingOpen With Strength – The Power Of Opening Remarks In Mediation!
Many lawyers often want to do away with opening statements in the mediation process, believing they are nothing more than formalities that get the backs up of each party and heighten tensions. This thinking suggests that whatever one side hears from the other is going to offend, insult and agitate, so why start mediation on
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