At its core, mediation is designed to be a process by which parties reach an amicable agreement through compromise. This is what most litigants want, right? Avoid the fighting, along
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“Settlement Anxiety” – An Effective Tool or an Unfair One?
Recently, I was at a mediation where the mediator, when telling us his assessment of my client’s case, said that he was creating “settlement anxiety.” I had never heard this
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THE RIGHT MEDIATOR – CHOOSE, BUT CHOOSE WISELY
Almost every client that walks through my door wants to know how quickly his or her divorce will last and how much it is going to cost. The best answer
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Should You Leave Without Buttoning Down the Deal?
During the current football free agent season, you hear the pundits frequently say that if you get a free agent that you want to sign in your building, don’t let
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Use of Mediation as a Strategy
We have heard over and over that settlement ranks high in the public policy of this state and know from experience how the system is geared toward settlement. In particular,
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No Good Deed Goes Unpunished? Arbitrator’s Suggestions To Resolve Unrelated Issues Lead to Arbitration Award Being Vacated
B.M. – that is before the Minkowitz decision that we previously blogged on (which lead to a second post on arbitration best practices), it was common practice at the
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Appellate Division Says That Mediator Cannot Then Serve as Arbitrator
Given the shortage of judges, backlog in the system and the rash of new judges, alternative dispute resolution has been coming more and more prevalent in the divore cases. For
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How Not to Settle Your Case – Part II
Last year, I wrote on this blog about “How to Not Settle Your Case.” This case on the heels of several months of “interesting”, to say the least,
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A Writing May Not Actually Have To Be a Writing To Confirm a Settlement Reached at Mediation
Last week, I posted about the new Supreme Court case regarding enforcing settlements reached at mediation. That case made clear that a settlement that is reached at mediation but
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IF A SETTLEMENT HAPPENS IN THE WOODS OR AT MEDIATION, CAN ANY BODY HEAR IT?
At divorce attorneys, we all have had this happen to us. We go to a mediation, spend all day negotiation, finally come to a settlement, and leave thinking that the
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