IAM Blog
The Business of ADR is Changing
Those of us who have been in Alternative Dispute Resolution (ADR) for the past 25 years have seen it grow from an industry in modest infancy to thriving adulthood. In the beginning, we grappled with a business model of franchisor or franchisee.
The Pivot
Lately, I have been developing a concept in mediation that I call “The Pivot.” It is when and why the mediator begins to segue from the facts, law, and emotions of the case to more exclusive negotiation of the dollars and terms that will be necessary to settle the case. My focus is mostly employment and civil rights cases, but the Pivot should be applicable to all sorts of commercial and class action cases as well.
Creating Client Value by Getting the Earliest Possible Settlements
Most commercial disputes will be settled and not tried. Expert expense and internal distraction increase in direct proportion to the time spent litigating prior to settlement.
Replacing Joint Sessions with Learning Conversations
I have been experimenting with a process variation: I no longer have joint sessions with opening presentations. Instead, I host learning conversations.
Mediating at the Fringe
The events went really well. We had a live band, lovely food and much discussion about the nature of conflict at the beautifully laid-out tables of six.
The Art of Asking Questions
Mediation is sometimes referred to as “the art of asking questions.” One of my mediation teachers, David Matz, described this process as similar to fishing – we cast our questions on the waters of the conflict, and sometimes we catch a fish (i.e., a really useful answer)!
Information Gathering Through Worksheets in Multi-Party Construction Med
Most mediators learn early in their practices that we never know as much about the case as the counsel do.
Joint Session with a Directed Discussion Format
By: Jerry Palmer, IAM Distinguished Fellow Email: palmerjer@jpalmerlaw.com Posted: June 17, 2015 Mediators have their favorite topics to debate when they get together. An important one is whether or not to have a joint session. I share the prejudice of...
Unpacking the Mediator’s Opening Statement
By: Rob Daisley, IAM Distinguished Fellow Email: rob@daisleymediation.com Posted: June 10, 2015 Like a good Top 40 song from the days when Kasey Kasem counted them down every Sunday morning, a Mediator’s opening statement of no more than three to four minutes is...
Preparing An Effective Pre-Mediation Memo
By: Jan Schau, IAM Distinguished FellowEmail: JFSchau@adrservices.org Posted: June 3, 2015 How do you prepare an excellent Mediation Brief? There’s some controversy: should it look like a legal brief, should it provide evidence as Exhibits, should it be...
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