Average Settlement Offers During Mediation – Best Tips for 2023

Average settlement offers during mediation

Average settlement offers during mediation are an important consideration when a party is considering using mediation to settle a lawsuit. Combining this knowledge with other tips and tricks for settling a lawsuit through mediation can ensure that a party is prepared to tackle a mediation during a civil lawsuit and achieve the best possible outcome. …

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Valid Reasons to Get Out of a Subpoena

Valid reasons to get out of a subpoena

Finding a Way Out of a Subpoena? After receiving a subpoena, the first thing many people wonder is what valid reasons they could use to get out of a subpoena.  Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly can result …

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Mediation vs Arbitration: What is the Difference?

Mediation vs Arbitration

Mediation and arbitration are both found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of the traditional litigation process.  However, the procedures are very different.  Each system presents its own benefits and challenges, and neither system is truly superior to the other.  Understanding how and when to use each …

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Fairness and Neutrality in Mediation

Fairness and Neutrality

Allen Brent smirked across the negotiating table at Sheila. “You know, Ms. Baker, you haven’t got a snowball’s chance of winning. I’m authorized to offer you three months’ salary and a waiver of costs in return for complete dismissal, No more.” “Three months! That’s unfair. Renee got a year! And she didn’t have my medical …

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How Mediation Works

How Mediation Works

A book by Stephen Goldberg, Jeanne Brett, Beatrice Blohorn-Brenneur, and Nancy Rogers presents a concise primer on what participants can expect from the mediation process. As academics, the authors ground their discussion in theory, starting with an explanation of the differences between conflicts and disputes and how disputes can be resolved regarding power, rights, and …

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Transformative Moments in Commercial Mediation

Transformative Moments in Commercial Mediation

Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers. In disputes where distributive bargaining …

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Types of Mediation: Evaluative, Facilitative, and Transformative

Types of Mediation

Understanding the types of mediation is a vital skill when preparing for and participating in mediation.  Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them.  It is also …

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A Checklist for Mediation Opening Statements

A Checklist for Mediation Opening Statements

Opening statements in mediation set the tone for the rest of the mediation process. They open the mediation and begin the conciliatory process. Both the mediator and parties have the opportunity to set the stage for what they hope to accomplish and how they see the issues at hand. Because they hold so much power …

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Overcoming Reluctance With Trauma Victims

Trauma Victims: Overcoming Reluctance

Traumatic experiences become a part of an individual forever.  At a domestic level, clients may have traumatic experiences like rape, domestic violence, child abuse, and elder abuse.  At an international level, clients are often the victim of human rights abuses ranging from genocide to war crimes.  These individual have stories that may remain untold forever; …

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