Mediation openings should be as thought out and well-planned as opening statements in the trial, but without aggressive, trial-level advocacy.

In the Alternate Dispute Resolution (ADR) profession —arbitration and mediation – technology has played an indispensable part of our work lives this past year – the open question is: what role will it play in the future?

All the stages of a mediation—introduction, discussion of the merits, the initial demand, the bargaining and negotiation—are necessary for resolution. 

With preparation, training and education, most of the difficulties associated with virtual mediations may be overcome and the benefits can far outweigh those challenges.

The effectiveness of a mediator depends on the willingness of both sides to reach common ground. So, a mediator’s job is not to judge but to observe and quell tensions.

Mediation is essentially a dispute resolution method; and an ancient institution throughout the history of mankind that is traditionally recognized in almost all societies.

In the UK, disputes in the construction industry are rarely resolved through conciliation, with parties preferring recourse to adjudication, mediation, litigation or arbitration. However, a recent Australian case highlights that in other jurisdictions, the idea of conciliation is more prevalent.

A podcast from JAMS featuring Hon. Rebecca Westerfield (Ret.) and Scott J. Silverman (Retired Judge, Eleventh Judicial Circuit) on their experiences in virtual alternative dispute resolution (ADR) and their views on the future of the industry

Mediation is not used as often as it should be to resolve international patent litigation. 

Why it’s more urgent than ever we have a conversation about mediation ethics.