In the first few weeks of the outbreak, we were able to convert the vast majority of the mediations that were scheduled to either telephone or video mediations, both in Wisconsin and across the United States
Read More »Tag Archives: mediation
VIEW FROM THE HALLWAY: Judge-turned-mediator offers advice on what works
Judges are often asked for their views on what works and what doesn’t in the courtroom. This also extends to their thoughts on what persuades them and what persuades juries, and what doesn’t.
Read More »Employment disputes are often emotionally charged
Employment disputes present special difficulties because of the strong emotions involved on both sides.
Read More »ON MEDIATION: Mediation statements: Don’t just do them, give them to the right person
Preparing a mediation statement gives you an opportunity to take a serious look at your case and at your opponent’s case.
Read More »New rules coming to family law
On paper, the new rule appears simple: Starting July 1, lawyer-mediators will be able to draw up settlement documents in family law cases. In practice, though, it's far from easy.
Read More »ON MEDIATION: Using the full strength of your case in mediation
Mediation is often portrayed as a rational and logical choice that saves money and time. Well, it is that. But let’s face it, it’s also usually required by the court and something that you might not do if it weren’t. That means there’s a risk that it becomes perfunctory.
Read More »High court seeking comments on proposal to let lawyer-mediators draft docs
The Wisconsin Supreme Court is asking practitioners and others for their thoughts on a proposed rule change that would allow lawyers who mediate family-law disputes to also draft documents resulting from those negotiations.
Read More »ON MEDIATION: What’s your BATNA?
The term BATNA was first coined by Roger Fisher and William Ury in a groundbreaking book titled "Getting to Yes." BATNA is an acronym that stands for Best Alternative to a Negotiated Agreement.
Read More »ON MEDIATION: To offer first or not?
You’ve prepared for mediation as best you can. You know your strongest arguments and what your opponent will probably counter with.
Read More »Mediation helps firms find middle ground
Many people confuse mediation with more formal — and binding — arbitration and litigation procedures. Adding to the confusion, mediation is often combined with those two procedures, although doing so isn’t necessary.
Read More »Tips for negotiating ethical quagmires in mediation
Court-referred mediation is happening every day throughout the country, in sessions conducted by lawyers, as well as non-lawyers who have been certified as mediators.
Read More »ADR finds a home in family law
For some law students who plan to build a family law practice after passing the bar exam, learning to become a skilled litigator who zealously advocates for clients in custody battles and contested divorces is just the beginning.
Read More »Quality dispute resolution starts with listening
Despite critics who say that mediation is relied on too much these days, Michael Rust thinks there are even greater opportunities for this type of alternative dispute resolution.
Read More »Negotiating the shoals of mediation
I recently took a class in negotiation. It was taught by a well-regarded social scientist. The instructor taught us to increase negotiated advantages and avoid pitfalls.
Read More »Hospitals, senior communities benefitting from mediation
Mediation is a tool that is used to help manage and resolve conflict and to arrive at (hopefully) a win-win situation.
Read More »To mediate, arbitrate or litigate; that is the question
I have always been an advocate of mediation and arbitration versus litigation, especially in the construction practice of law.
Read More »COMMENTARY: Traits shared by effective mediators
The first generation of lawsuit mediators experienced settlement negotiations from a unique perspective: not from the sides of the table, but at the center, where you see and hear much more, especially during confidential caucuses.
Read More »The psychology of mediation
Studies show that an individual’s satisfaction with a court proceeding, arbitration or mediation depend on whether that person perceives the process as “fair.”
Read More »Traits shared by effective mediators
The small, first generation of lawsuit mediators experienced settlement negotiations from a unique perspective — not from the sides of the table, but at the center, where you see and hear much more, especially during confidential caucuses.
Read More »Mediation overhaul: Milwaukee County finds success in program revamp
An overhaul of Milwaukee County’s family court mediation program resulted in a 205 percent spike in cases handled outside the court room.
The perils of mid-litigation mediation settlements
The U.S. Supreme Court decided to reverse a significant class action this March in Comcast Corp. v. Behrend
Read More »LEGAL CENTS: The dos and don’ts of cost-effective mediation
Brookfield attorney Dawn Drellos-Thompson realized a few years ago that her small business owner or minimum-wage earning clients could not afford most mediators.