Since the coronavirus pandemic began, to get business done, attorneys and mediators alike have adapted to virtual conferences and virtual remote mediations via Zoom. While in-person mediations are optimal– a matter of personal preference– here are ten observations on why Zoom mediations succeed: 1. Reduced barriers and shared circumstances. On Zoom, we are in […]
Many disputes at mediation arise out of the perceptions, misperceptions, or biases of one or more parties. How the legal advisor perceives these perceptions when the parties tell their side of the story directly impacts the subsequent advice to the clients. How the mediator perceives the facts, parties, and their counsel can similarly be a […]
Settlement talks happen in and outside mediation and often are reduced to a Rule 11 Agreement. Settlement negotiations are typically related to the needs and interests of the client represented by counsel and limited to the case at hand. Sometimes a defendant seeks to bargain for protection against future representation of additional or future plaintiffs […]
Mediation is only one way to reach an outcome where parties have control. The opposite is to let the court decide and then appeal. The outcome can be anything, and sometimes the courts are innovative in their approach. Here is an example of such innovation that could just as easily be found in a civil […]
The one-size-fits-all nomenclature, “alternative dispute resolution” (“ADR”) lumps together two vastly different dispute resolution processes: “arbitration” and “mediation.” If arbitration means “you decide for us,” mediation means “we work it out together.” The term ADR serves as the lexical umbrella that combines these paired opposites. This coupling of “mediation” and “arbitration” as “ADR” may have made sense in […]
Mediation is often an opportunity for parties to a conflict to relate to and communicate with one another to move closer to resolution. While the ultimate goal is a total resolution, the incremental goal is positional movement and interpersonal understanding. The mediator who relates well with all parties and their respective counsel betters the odds […]
The purpose of mediation is to bring parties closer together and ideally to reach an amicable solution and settlement. To achieve this result, the mediation is a facilitated conversation. Like any conversation, it takes both parties to engage each other. For there to be a successful conversation, both parties need to speak as well as […]
Diversity and multiculturalism are inextricably intertwined into mediation. While disputes have legal facets, they are rooted in problems stemming from individuals themselves, in addition to the facts. Parties express positions, and an effective mediator needs to look for and recognize underlying interests, values, wants, and needs. In essence, understanding what makes the parties tick can […]
Joint session is an opportunity for the mediator to introduce the parties and counsel to the mediation process all in the same room. There, together, the mediator can then call upon the parties to, in an orderly way determined by the mediator, communicate with one another about areas of agreement, facts, emotions, concerns, and even matters […]
Opening session is valuable and should be the default– except in family law matters. In determining whether to place the parties into the same room at the beginning of a mediation, there are several approaches: an opening joint session; a meet and greet between the parties and their counsel, then divide them into separated caucus […]
When a licensed attorney happens to be serving as mediator, ethical questions can arise when it comes time to draft or write the mediated settlement agreement (“MSA”). These MSAs come in all kinds of varieties. Generally speaking, many of the boilerplate provisions used in an MSA in one field or practice of law are more […]
Some of this may seem mundane but issues can and do come up when a party is making assumptions about or attempting to distinguish the duties and roles of “mediator” as opposed to “attorney.” To begin, mediators are not attorneys and attorneys are not mediators. By the same token, those with an attorney license may […]
The mediation memorandum, also called the mediation statement, is your opportunity to tell your story, to show you are prepared, and to hone the mediator’s focus toward your perspective. Sometimes mediation statements are for the mediator alone; other times and solely with express permission, the statement may be shown to opposing counsel. Either way, the […]
Mediators often come across fact patterns at personal injury mediation where the value of the case goes up or down. At the heart of these fact patterns is the damages, and in typical accident cases, these are found in the medicals. It cannot be stressed enough how important medicals are. A medical record that reflects […]
Mediation of a personal injury matter can take various turns as information is revealed or becomes known between the various sides. Often, the information or the details related to the personal injury plaintiff can have a significant effect on the valuation of the matter being mediated in the eyes of the defense, its insurer that […]
Mediation is a serious engagement and the parties should have a clear understanding of the mediator’s true and correct credentials, and not a misunderstanding about them. Accordingly, it should be ensured from the moment the mediation is solicited— which can also mean from from the moment of an attorney, on behalf of clients, considering the […]
Compassion is a high value. We should be cautious that the notion of “compassion” or the perception of a ‘lack of compassion’ is often in the eye of a beholder. As always, reasonable minds can differ about what speech at mediation is or is not compassionate. As an example, from public discourse, one may post […]
There are groups online consisting of thousands of attorneys who pose questions and hypotheticals to each other. From time to time a conflict arises within the group asking whether there a limit on what is asked or stated to thousands of other attorneys should be imposed by the group itself. A salient dispute is raised […]
To ensure effectiveness at mediation– whether general session or caucus– the attorneys should prepare zealously as if for trial. An attorney’s presentation at mediation can have a dramatic impact on the outcome behind the closed doors, averting a public trial, saving time, money, and otherwise risked goodwill for the clients. These are some things attorneys […]
Before you even walk into the mediation room, a mediator should consider the kinds of emotions and degrees of these emotion that may be exhibited by each party, attorney, or permitted attendee in the mediation. One place to learn about these potentialities is by speaking in advance with counsel for the parties. Another is to […]
As a general rule, if all else has failed, then a mediator’s proposal might be considered as a final step before declaring an impasse. A mediator’s proposal is a settlement proposal that the mediator presents to all parties, that each party can confidentially accept or reject. If all parties accept, settlement is then achieved. This […]
Mediators can have a dramatic affect on the lives of the parties, and even the attorneys who take part in the mediation process. In the course of the mediation, the mediator, as a professional, is entrusted with private information with an expectation the mediator will say nothing to anyone else about this information without permission. […]
Let’s say one party wants to have a mediation and the other party does not. Or let’s alternatively, let’s say both parties want the mediation but one party is physically scared of the other party. In either circumstance, the party does not want to hold the mediation as ordered, or wants something a bit different. […]
Mediations are a leading means to bring about resolution of a conflict that resulted in the filing of a lawsuit. But mediation can also be a valuable tool to prevent a crisis from spiraling to the point that legal steps become necessary. Conflicts can arise in most any context but one that is not uncommon […]
Parties in contest in or out of court can often resolve their disputes with the help of a good, effective mediator. In searching for the right mediator, each party will have to carefully consider the attributes of the prospective mediator. Two key attributes that make a mediator effective are patience and the ability to build […]
Attorney and Mediator
Serving Greater Houston
andrew@713mediator.com
MEDIATION SERVICES PROVIDED HERE (OR AT YOUR OFFICE):
Greenway Mediation Center
3207 Mercer Street
Houston, Texas 77027
713-MEDIATOR (633-4286)