Convening a mediation involves getting often recalcitrant parties to participate in the mediation. It is both absolutely critical to the mediation process and often the most difficult part of resolving a dispute. Convening a mediation, when fewer than all the parties have requested mediation, as is often the case, is a mediation itself. The process.. read more →

If you want to achieve optimal results in a mediation or other type of negotiation, you must be organized, know your case well and know as much as possible about your opponent’s case. The Negotiation Preparation Form below, adapted from a similar form in the excellent materials provided by Professor Charles B. Craver in his.. read more →

In January 2006, the American Bar Association Section of Dispute Resolution formed a Task Force to investigate factors that define high quality mediation practice. Over the following two years, the Task Force organized a series of ten focus group discussions in nine cities across the United States and Canada. The Task Force also collected responses.. read more →

I’ve written on the subject of mediation preparation before, here and here. But the longer I think and read about the subject, the more I discover there is to say about it. So, I decided to revisit the subject. Last year, more than 98% of all lawsuits filed in New Jersey settled prior to trial. The.. read more →

People who carefully prepare for mediation usually achieve better results than those who do not. This may seem obvious, but it is a fact that most lawyers and clients enter mediations unprepared or only partially prepared. Knowledge equals power in the mediation arena, as in most pursuits, and thoroughly prepared participants tend to overwhelm less.. read more →

Trials, as a method of dispute resolution, have been trending downward for years. For example, the number of tort trials in the federal courts declined by 80% from 1985 to 2003. Of the 98,786 tort cases resolved in federal court in 2002 and 2003, only 1,647, or 1.7%, were decided by trial. The other 98.3%.. read more →