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Mediation

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THE PSYCHOLOGY OF MEDIATION

By Fox Rothschild LLP on January 16, 2015

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?

By Eric S. Solotoff on December 19, 2014

33691713_sRecently, 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?

RESOLUTION

THE RIGHT MEDIATOR – CHOOSE, BUT CHOOSE WISELY

By Fox Rothschild LLP on September 8, 2014

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

Should You Leave Without Buttoning Down the Deal?

By Eric S. Solotoff on April 15, 2014

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?

Use of Mediation as a Strategy

By Eric S. Solotoff on March 31, 2014

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

No Good Deed Goes Unpunished? Arbitrator’s Suggestions To Resolve Unrelated Issues Lead to Arbitration Award Being Vacated

By Eric S. Solotoff on November 22, 2013

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

Appellate Division Says That Mediator Cannot Then Serve as Arbitrator

Posted on September 26, 2013

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

Posted on August 21, 2013

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

By Eric S. Solotoff on August 20, 2013

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

IF A SETTLEMENT HAPPENS IN THE WOODS OR AT MEDIATION, CAN ANY BODY HEAR IT?

Posted on August 16, 2013

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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