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.

Hb Dev | Nov 11, 2015

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.

Hb Dev | Oct 27, 2015

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.

Hb Dev | Oct 14, 2015

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.

Hb Dev | Sep 29, 2015

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.

Hb Dev | Sep 17, 2015

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)!

Hb Dev | Jul 30, 2015

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.

Hb Dev | Jul 10, 2015

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...

Hb Dev | Jun 17, 2015

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...

Hb Dev | Jun 10, 2015

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...

Hb Dev | Jun 3, 2015

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