Online dispute resolutions will be a critical component in preventing residential and commercial evictions rather than hashing issues out in court after someone has already been displaced.
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The origins of mediation and arbitration can be traced back as far as 1800 B.C. to the Mari Kingdom in Syria as a way to resolve disputes with other kingdoms, according to A History of ADR, published by the Association for Conflict Resolution (ACR). In the book “Malinche, Pocahontas, and Sacagawea: Indian Women as Cultural […]
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“Can I testify via Skype?” This great question was first posed to us by an international family law client two years ago. While it seemed like a basic inquiry to our client, it took two years to arrive at a definitive answer. The Court of Appeals would only offer guidance once the same case was […]
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I posted previously about how “thinking like a lawyer” — an appropriate mindset when serving as an advocate — can be a hindrance when acting in a different law-related role: that of a mediator. Here, I’ll share my thoughts on the mental adjustments a lawyer needs to make when serving in another dispute resolution capacity: […]
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Remember in law school how they taught you to “think like a lawyer?” You were conditioned to think analytically, strategically, some might say paranoically. After all, devoting your mental powers to protecting your client’s interests at all costs is your supreme duty as a lawyer. The problem is that thinking like a lawyer can be […]
Read More…NWLawyer editor Michael Heatherly shares lessons from his 8 years as a mediator. Having been a civil litigator for 22 years and also a mediator for the past 8, I estimate I’ve been involved in settlement of more than 600 cases. I can’t say whether I’m better or worse at it than anyone else with similar […]
Read More…Learn to spot situations where mediation isn’t the best choice. I recently offered five signs that it’s time to put a case into mediation. As a lawyer and mediator, I’m a long-time advocate of settling cases through mediation. Statistically, mediation is around 90% effective. Nevertheless, I’ve been involved in mediations that didn’t work out. Based […]
Read More…Get tips on when to bring up mediation with your client and opposing counsel. Most lawyers are at least aware of mediation as an alternative to extended litigation. But if you don’t regularly participate in mediation, you might wonder when it’s the right time to broach the subject with your client and opposing counsel. Here […]
Read More…NWLawyer Editor Michael Heatherly offers tips to help you maximize your client’s chances of getting a good MAR result. I have amassed untold hours in mandatory arbitration, both as a lawyer representing parties and as an arbitrator. While most lawyers do a good job representing their clients in MAR, there are certain areas where I […]
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