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
Continue Reading THE PSYCHOLOGY OF MEDIATION

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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…
Continue Reading THE PSYCHOLOGY OF MEDIATION
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…
Continue Reading “Settlement Anxiety” – An Effective Tool or an Unfair One?
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…
Continue Reading THE RIGHT MEDIATOR – CHOOSE, BUT CHOOSE WISELY
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…
Continue Reading Should You Leave Without Buttoning Down the Deal?
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,…
Continue Reading Use of Mediation as a Strategy
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…
Continue Reading No Good Deed Goes Unpunished? Arbitrator’s Suggestions To Resolve Unrelated Issues Lead to Arbitration Award Being Vacated
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…
Continue Reading Appellate Division Says That Mediator Cannot Then Serve as Arbitrator
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,…
Continue Reading How Not to Settle Your Case – Part II
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…
Continue Reading A Writing May Not Actually Have To Be a Writing To Confirm a Settlement Reached at Mediation
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…
Continue Reading IF A SETTLEMENT HAPPENS IN THE WOODS OR AT MEDIATION, CAN ANY BODY HEAR IT?
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