I have come across cases in which a Court’s law clerk conducted an informal conference with parties to resolve a discovery dispute. In a recent case in New Mexico, “Defendants explicitly reject ...

An explanation of the potential options available when a party fails to comply with a contractual mediation condition precedent to binding dispute resolution and practical tips for properly drafting ...

While settlement is the goal at mediation, mediations do fail for a variety of reasons. After participating in countless mediations (both as a ...

Research consistently highlights the benefits of mediation and the crucial role of the mediator, with a growing focus on how lawyers can best advocate within this process—ultimately leading to better ...

Since the beginning of the pandemic one year ago, we have seen the legal industry adapt to a technology-driven world, especially one area in particular: virtual mediation. In fact, outside of ...

Empathy is crucial in mediation, enabling mediators to understand and respond compassionately to parties in conflict. Case studies demonstrate how empathetic listening and validation of emotions can ...

Many construction disputes can be resolved through mediation. This series of articles addresses some of the best practices that can lead to success in mediation. The series considers the entirety of ...