Do give consideration in advance as to what confidential information will be revealed to the mediator in the breakout session. Do not attempt to rush the mediator into giving an evaluation of the merits of the case. Do give the mediator ample opportunity to speak to both sides. Do not become mired in arguments as […]

Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively affected by basic mistakes involving factors that are within the parties’ control. While many of the following […]

Prepare the client for the mediation much in the way you prepare them for trial. Consider how you will manage their expectations. Give them a realistic analysis of the strengths and weaknesses of their case in advance. Discuss the mediation process in detail. Explain the mediator’s background and role. Do not rush the process. Make […]

Many cases that come to mediation involve novel questions of law. Invariably, there will be a dispute as to the proper law applicable to the case and the interpretation of appellate decisions that impact upon same. It is common for parties in the context of their pre-mediation brief to cite case law with a summarization […]

In any commercial case, the goal of the arbitration is a swift and expeditious resolution of the litigation with a savings of time and money. At a minimum, while not always as swift as we would like, one would hope that it will afford a faster and more efficient process than that provided by the […]

Volume is a great teacher. Nothing could have fully prepared me for the bench even though I tried many cases in private practice and spent a great deal of time in the courthouse. The sheer number of cases and the decisions that had to be made in a day dwarfed any type of previous experience. […]

(By: Hon. John P. DiBlasi, J.S.C. (Rtd.) & Jacqueline I. Silvey, Esq., NAM General Counsel) When parties enter into a commercial contract that contains an arbitration provision, they are usually in the honeymoon stage of the business relationship. An agreement which specifies arbitration as the sole form of dispute resolution is much like a prenuptial […]

(By: Hon. John P. DiBlasi, J.S.C. (Rtd.) & Jacqueline I. Silvey, Esq., NAM General Counsel) John Wooden, one of the most successful coaches in basketball history, always focused his teams on the basics. The first lesson he taught them was how to properly tie their shoes. Truly, a lack of understanding the basics often “trips” […]

The submission of a well-crafted brief prior to the mediation is an excellent opportunity to give the mediator a real preview of your position in advance. It can be used to educate, persuade, and create a roadmap for settlement negotiations. It is to your benefit to submit same as it will save time at the […]

During the course of the private breakout sessions with the parties, the mediator is able to engage in a more candid discussion with counsel with respect to their case and their belief as to its strengths/weaknesses, and how they will likely address the opposing party’s case at the time of trial. It also gives the […]

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