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
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.
Employment disputes present special difficulties because of the strong emotions involved on both sides.
Preparing a mediation statement gives you an opportunity to take a serious look at your case and at your opponent’s case.
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.
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.
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.
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.
You’ve prepared for mediation as best you can. You know your strongest arguments and what your opponent will probably counter with.
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.
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.
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.
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