Magazine Archive
An Insurance Defense Attorney's Perspective on Effective ADR
I would like to share my perspective on how to make the most of the ADR process. In my 33 years as an insurance defense attorney I have participated in hundreds of mediations. I have also served as a volunteer mediator for the courts in over 100 cases. In my view ADR is the most...
Read ArticleI Agreed to Arbitrate That? Recent Developments in the Application of Arbitration Agreements
Litigation stemming from Wells Fargo’s improper opening of over 1,500,000 checking accounts and 560,000 credit card accounts has tested the limits of arbitration agreements and led to legislation to curb those agreements.1 In 2015, the Bureau of Consumer Financial Protection found that employees of Wells Fargo Bank had engaged in improper sales practices to satisfy...
Read ArticleMediating Fee Disputes Gracefully
Sometimes clients fail to pay or dispute your bill because they are disappointed at the outcome of litigation. Sometimes they fail to pay because, although your work was properly performed, your billing methods are unfair or lack transparency, leaving your client unable to understand the bill, frustrated, and legitimately asking questions. In the worst situations,...
Read ArticleCivility and the Mediation Process
Civility is more critical to the mediation process than to any other form of dispute resolution. The reasons are several: First, unlike trial and arbitration, success in mediation depends entirely upon adversaries agreeing. No agreement; no deal. To no surprise, civility helps draw people toward a consensus, while incivility has the opposite effect. Second, behavioral...
Read ArticleChoosing a Great Mediator
Lawyers are paid to be advocates; and to get results. So why use a mediator? Mediators resolve cases. Isn’t that the lawyer’s job? Litigation is adversarial. It can be tough to talk openly about your case with your adversary. You never know how much to say – and anything you say may (and sometimes will)...
Read ArticleElephant in the Room - Attending to Power Differences in Mediation
Most mediators would probably agree that the purpose of mediation centrally includes supporting parties in reaching an agreement. Where mediators vary is on what “supporting parties” means and what it takes to reach an agreement. The issues surrounding reaching an agreement grow in complexity whenever the dispute involves power differences. How would a landlord/tenant mediation...
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