Avoiding Remote Mediation Mishaps: Top Tips for Participants – Ready, Set, Action!

By Kristen Sloan Maccini
Let’s start at the end. The dispute is resolved and the parties have an agreement. All present hope to have achieved the goal: resolution of the dispute reduced to a written agreement that will be durable and lasting. Data show that agreements entered into voluntarily have higher rates of compliance than those imposed by a third party (e.g. judge, arbitrator). How did we arrive at a voluntary sustainable agreement?

By Dwight Golann and Marjorie Corman Aaron
For too long there’s been enormous division and vigorous debate in our field about the wisdom, value, and ethics of a mediator providing an evaluation of issues involved in a dispute. Most of this debate has concerned a mediator stating how he or she thinks a judge, jury, or arbitrator might rule if a case is adjudicated. Many academics and trainers argue that this kind of evaluation is improper. Some courts prohibit it outright or at least discourage it. Ethical standards waffle on the topic. But many lawyers and parties consistently say they want their mediator to evaluate.

drm-summer-2018

By Ava J. Abramowitz
A friend recently caught me struggling to solve a complex problem, one with multiple layers, all intertwined and difficult to sort out. I explained the nature of the problem and the great benefits to be had by solving it. His advice: “Inch by inch, life’s a cinch. Yard by yard, it’s very hard. Take it inch by inch.”

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By Kristen Sloan Maccini
As general practice lawyers, we employ a variety of professional skills in helping our clients to handle their legal challenges. Among other things, we research, interpret, write, negotiate, argue and advise. It is safe to say most of us have grown comfortable with this skill set. We operate in a sphere of influence, the foundation of which is legal authority from many sources, including federal and state statutes, municipal ordinances, regulations, bylaws and years of judicial precedent.