It is not uncommon for attorneys to waive their opening statements at mediation. Sitting across the table and telling the other side why they are wrong and you are right can be difficult face-to-face.

Some practitioners look to bypass opening statements in a Mediation session – operating under the belief that they have heard it all before and, therefore, the parties are better served by getting ...

The Bankruptcy Court for the Western District of Missouri declined to recognize a mediation privilege in In re Lake Lotawana Community Improvement District, 2016 WL 7984347 (Bankr. W.D. Mo. Sept. 19, ...

A well-prepared mediation statement can set the tone for a successful resolution. From balancing shared and confidential content to structuring facts clearly, preparation is key. Incorporating ...

As important as this debate might be, there remains no clear answer as to whether opening statements should or should not be used as part of the mediation process. Every case is different, as are the ...

To continue reading this content, please enable JavaScript in your browser settings and refresh this page. Information sharing is part of the mediation process ...

After my recent article on arbitration, a few readers e-mailed me privately to ask me what I thought of the mediation process. So, thanks for asking, and here you go. Talk With Opposing Counsel ...

Many construction disputes can be resolved through mediation. This series of articles addresses some of the best practices that can lead to success in mediation. The series considers the entirety of ...

UC Santa Cruz issued the following statements today (9/21/07) concerning Santa Cruz County Superior Court recommendation regarding LRDP mediation and ruling regarding the Biomedical Sciences Facility: ...