A Sampling of What Construction Law Attorneys Say They Expect from Experts This article provides a summary of what attorneys, who are members of the Minnesota construction law section, heard at a recent CLE regarding what attorneys expect from experts. On June 13, 2023, Michael Gregory attended the Minnesota State Bar Association Alternative Dispute Resolution Section regarding the topic of “Solve the Problem! Survey Recommendations for Effective Dispute Resolution Through Mediation and Arbitration” by Dean B. Thomas and Julia J. Douglas. These attorney-authors solicited the entire attorney population engaged in construction law. Background associated with this presentation and these authors’…
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How to Increase Settlement Rates Long before the COVID-19 pandemic, distance mediation was used; however, not extensively and historically, settlement rates were significantly lower than traditional “face-to-face” mediations. With social distancing now in place, mediating by phone and/or video conferencing is getting a closer look. Although the mediation process essentially remains the same for distance mediations, it needs review to determine what is effective and what needs to be reconsidered. There are three key areas that require investigation: technology and equipment, preparation by the mediator as well as the participants, and confidentiality. By tailoring the process for distance mediation, it…
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Selecting a Mediator is More Important Than Ever, Or? Mediation is the primary case management device used by the courts to resolve disputes, and the mediation process is frequently included in the dispute resolution section of most contracts. In some situations, mediation is even mandatory. What is interesting to note is that there are no uniform, national standards for training or regulating mediators. Some courts have standards for mediators on their rosters, but private practice mediators are virtually unregulated. Unfortunately, mediation has not met the test of a true profession. In this article, the author shares questions to consider asking…
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The Role of the Expert in 21st Century Dispute Resolution—A Recovering Judge’s Perspective As technology evolves, the role of the expert and the interplay between experts and the judiciary will evolve. This change is already underway. In this article, QuickRead presents the presentation made by Retired Judge Platt at the NACVA and the CTI’s Annual Consultants’ Conference, held in Salt Lake City. Judge Platt describes this evolving landscape and employment opportunities. Introduction I appreciate this opportunity to discuss the role of the “expert” in the 21st Century profession of dispute resolution from the perspective of what I now call myself,…
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Tips for Marketing Your Skills and Services Whether you are just starting your career, considering going out on your own, or expanding your business, there are three steps that will make your journey easier: conduct a self-assessment, develop a business plan, and design a marketing strategy. Sounds simple enough, but most businesses fail within the first year simply because people skip one or more of these fundamental steps. Ms. Yeend will be presenting on this topic Wednesday, June 20, 2018, at the NACVA/CTI’s Annual Consultant’s Conference at Caesars Palace in Las Vegas, Nevada.
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Factors to Consider Finding the Right Mediator Mediation is a dispute resolution process that is now more popular than arbitration. Many contracts require parties use mediation, if a dispute arises; and courts have adopted the use of mediation to help reduce the number of cases headed to trial. Yet with all this popularity, there remains a significant problem with using mediation: getting the “wrong” mediator. Selecting the “case appropriate mediator” saves resources and increases the probability of settlement. This article’s focus is on what to consider when selecting an appropriate mediator.
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Understanding Another Person’s Point of View—A Fundamental Tool of Communication Empathy, when used appropriately is truly amazing. It strengthens and enriches our understanding of others, and enhances our ability to motivate them. Though there is no scientific way to measure the power of empathy, you can feel it when you use it, especially during mediation-type proceedings, when the opposing parties are frozen in their positions on opposite sides of the dispute. In this article, Judge Caprathe shares techniques used to show empathy and how these have helped him mediate conflicts.
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Effective Opening Statements in Mediation What is an effective opening statement? How does one prepare such a statement? In this article, Nancy Neal Yeend, an experienced mediator, shares the steps and processes that lead to an effective opening statement and how that statement can lead to resolution of disputes.
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What do You Have to Lose? Since only a fraction of the cases filed go to trial, it seems prudent to explore settlement sooner rather than later. It is not rocket science, and statistics support the claim that the earlier a case settles the lower the expense to achieve that settlement. If this is not enough to encourage someone to consider mediation sooner rather than later, then perhaps recent court statistics will. Although the trend over the past few years has shown a decline in the total number of filings, the cost and length of time to resolution has increased.…
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Can it Hurt the Expert? Mediation is a dispute resolution process. So, what is a process? A process is a procedure, a course of action, or a methodology. Mediation has been around for several thousand years, and the joint session has always been a pivotal part of that process. Historically, the mediation process included beginning with a joint session. Mediation is after all a facilitated negotiation. When individuals negotiate, they interface with one another, exchange information, and attempt to work out a settlement. Now some are abandoning not only the initial joint session, but also all joint interaction between the…
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Post-Grant Review, Inter Partes Review (IPR) and Ex Parte Re-Examination (EPR) alternatives to Litigation Litigation of Intellectual Property is costly. What alternatives do parties have to costly and protracted litigation? This article discusses various options to litigation.
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Conflict Resolution in the Business Valuation World Conflicts exist with clients, co-workers, and with the other side on valuation issues. Most valuation cases settle well before litigation. This article focuses on steps that can be taken to enhance your perspective and work with those you find difficult to communicate with in any setting.
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Avoiding Surprises Confidentiality is a cornerstone of mediation. But, how “confidential” is mediation? In this article, Nancy Yeend, a nationally recognized mediator, discusses the impact of the Uniform Mediation Act (UMA) and the various exceptions and levels of protection afforded to mediators and parties to a mediation.
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Understanding the Magic Mediation is an exceedingly simple and yet extremely powerful dispute resolution process. Principles, process, and prerequisites coalesce to produce the magic of mediation. Those understanding the essential three “P’s” of mediation benefit by becoming better negotiators, thus producing more satisfying results and enjoying higher settlement rates.
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Tips for Selecting a Mediator Mediation provides an alternate means of resolving disputes. But how effective is mediation? Who should use mediation? In this article, Nancy Neal Yeend answers these questions and offers key points to consider when selecting a mediator.
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More on the neutral business valuator and the mediation process This article, by one of the top national leaders in the mediation profession, discusses the importance of having reliable facts to expedite the settlement of conflicts where the value of a business is a key factor.
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Benefits and rules to successfully mediate claims Mediation is a process that can be employed pre- and post-litigation to settle claims. A successful mediation requires upfront work and effort, as well as good faith and settlement authority. The selection of a mediator is also critical. This article provides an overview of the practices employed to successfully settle claims.
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Maximizing the benefits of divorce mediation This article discusses some of the benefits provided by divorce mediation and how identifying the ideal clients can make divorce a less painful and even pleasant process.