Publications

What will Mediation look like when that day arrives? Will there be in-person Mediations? Yes, absolutely. Will there be virtual Mediations utilizing videoconferencing? Yes, absolutely. Will there be Mediation sessions employing both in-person and remote participation simultaneously? Again, the answer is: Yes, absolutely.

In negotiations counsel and their clients must realize that patience is a virtue. All too often they become easily frustrated with a slow pace and wish to rush if not abandon the process prematurely. Small incremental moves especially during the early stages of negotiations are interpreted as an indication that the case will not settle.

The mediator’s function is to help the parties sort through the facts of the case. His or her success as a mediator depends upon treating everyone in the room with equanimity. It's difficult enough to prepare for a mediation, but finding out that the playing field has been changed at the last minute makes things that much more difficult.

I do see Virtual ADR as a game changer, as we come out of this crisis, because companies are going to be very mindful of their bottom line. The ability to just log in at 9 in the morning from wherever you are and actively participate, to see the other side and the other side’s principals, to have the exchanges that we’d be having if we were in a conference room together, that is remarkable.

The savings of time and money is probably the most significant factor in ADR becoming as popular as it is now. Litigation is incredibly expensive. The prospect of being able to avoid a lengthy trial with a jury that can be very unpredictable became appealing. Save time and expense while reducing risk.

As published by the American Bar Association (ABA). Construction claims often evolve into one of the most complex, expensive, unwieldy, and exasperating types of litigation. Numerous parties, extensive documentation, never-ending depositions, and competing experts—often with underlying insurance coverage disputes and parallel declaratory judgment actions—have the potential to cumulatively present all the negatives of the litigation process in one setting. This chapter addresses the alternative route of mediation as a means to cast a net over the situation and provide a forum to address the issues in a controlled fashion.

We are now all faced with the reality of social distancing, constant hand washing, flattening the curve, business closures, and the tragic public health consequences of the coronavirus. As we all try to adapt to the new normal, I am thankful that technology has allowed me to continue working while adhering to the government regulations.

What Day is it? Is it Tuesday? No, It’s Sunday. How was I able to solve this conundrum? A question many of us have asked ourselves when all structure seems to have gone out of our lives in the last few weeks, so we literally don’t recall the day of the week. In my case I knew it was Sunday when I brought in the morning paper and it had the Sunday comics neatly folded within.

It goes without saying that all aspects of our lives are affected by the dangers and restrictions imposed by the current COVID-19 pandemic. On the professional side, for those who practice civil and commercial litigation, courtrooms are closed. We are basically banned from practicing law out of our offices and all of the scheduled court appearances, deposition dates and other mandated discovery responses are extended, often without date.

As we are all challenged by the current pandemic, it strikes me that alternative dispute resolution (ADR) is perhaps no longer an alternative to traversing the court system, but rather the only viable method for the expeditious resolution of disputes. Why do I say this?