Publications

IS MEDIATION CONDUCTED THROUGH VIDEOCONFERENCING BETTER?

Posted on Oct 22, 2020

Human beings are social creatures and most of us would rather participate in-person if possible. In the post-Covid-19 future, both video and of course in-person hearings will be available. I want to share a few observations about the unique benefits that come with video mediation or as it is often referred to, videoconferencing or Virtual ADR.

UNPRECEDENTED TIMES REQUIRE A VIABLE ALTERNATIVE – ADR IS THE ANSWER

Posted on Oct 13, 2020

The reality is that now in most jurisdictions, it is almost impossible for litigants to have their day in court, impaneling a jury is out of question, the processing of routine legal matters has taken a dramatic hit and the backlog of cases awaiting trial on most court calendars has grown exponentially.

ONLINE MEDIATION OF MATRIMONIAL MATTERS? IT WORKS

Posted on Oct 06, 2020

Now that the courts have begun to reopen, one might at first believe that the pre-pandemic status of courts dealing with a steady flow of matrimonial cases is being slowly but inexorably restored. However, not only is online mediation still as desirable an alternative as it was during the pandemic’s darkest days, it remains an attractive option specifically in the area of matrimonial law, where disputed issues are often personal and sensitive.

THE MEDIATION OF CATASTROPHIC INJURY MEDICAL MALPRACTICE CASES

Posted on Sep 10, 2020

In order to reach a fair and equitable settlement when mediating catastrophic injury medical malpractice cases, it is essential for the respective parties to provide the mediator with detailed medical chronologies (timelines) and medical briefs in order for the mediator to properly prepare for the hearing.

RESOLVING TRUST AND ESTATE DISPUTES UTILIZING VIRTUAL ADR

Posted on Aug 10, 2020

The emotionally charged and highly personal nature of estate and trust disputes lend themselves well to ADR, particularly mediation, because neutral mediators use their interpersonal skills in a confidential venue to help the parties resolve their differences.

BACK TO THE FUTURE – WHERE DOES MEDIATION GO FROM HERE?

Posted on Aug 03, 2020

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.

TIME IS ON YOUR SIDE IN THE MEDIATION PROCESS

Posted on Jul 29, 2020

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.

GOOD FAITH AND THE “GOLDEN RULE” AT MEDIATION

Posted on Jul 22, 2020

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.