In the world of dispute resolution and mediation, everyone has expectations. Sometimes those expectations are basic or practical. For example, parties expect to know when and where to be for the mediation. Parties expect the mediator to address the process and ground rules for the mediation. They expect to have…
Author: Sylvia Mayer
Attorney with over 30 years of experience in courts nationwide. Arbitrator and mediator with over 10 years of experience as a neutral. As a National Academy of Distinguished Neutrals member and a TMCA Credentialed Distinguished Mediator, Sylvia Mayer has served as counsel or neutral in thousands of disputes spanning a breadth of industries and a wide variety of issues. She serves on several arbitration and mediation rosters for civil, commercial, consumer, energy, employment, and healthcare disputes. As a neutral, she has resolved disputes with damages ranging from several thousand dollars to multi-million and billion dollars. As an arbitrator, she has served as an emergency, chair, panel, and sole arbitrator. As a mediator, she has mediated two-party disputes and complex multi-party disputes. Sylvia is available to assist parties throughout the U.S. with online, in-person, and hybrid mediations and arbitrations.
Mediator Insights: The Power of Presence
Never underestimate the power of being present. This is true in all interactions and particularly true in mediation. In mediation, often the power of presence can unblock the pathway to resolution. To illustrate, let’s consider Cori Doerrfeld’s The Rabbit Listened. Taylor has a box of building blocks. Taylor works hard…
Mayer Mediation Minute: Think
In mediation, it is important to pause and take the time to think. Think before you speak. Think before you react. Think before you respond. Think before you reject. Think before you decide. Use that time to think about your needs, instead of your wants. Use that time to think…
Mayer Mediation Minute: Breathe
Emotions can run high in mediation. When that happens, the best solution is to breathe. Just breathe. Breathe in. Breathe out. Taking that moment to calm yourself can help you move forward in the mediation. So, when you feel the emotions building, just breathe. Inhale. Exhale. Repeat. Take a breath…
Mayer Mediation Minute: Candor
Candor is being open, honest, and frank. Candor is an important ingredient in mediation. Be candid when you have a pre-mediation call with the mediator. Be candid when weighing the strengths and weaknesses of your case. Be candid when you are exploring settlement options during the mediation. Candor is the…
Dispute Resolution Insights: It’s a Small World
Wishing all a Happy and Healthy New Year! It’s a world of laughter, a world of tears. It’s a world of hopes and a world of fears. There’s so much that we share that it’s time we’re aware it’s a small world after all. (from It’s a Small World (After…
Mediator Insights: Thinking Outside of the (Crayon) Box
Sometimes the solution to a problem is obvious or simple, but not always. Particularly in multifaceted conflict (such as complex litigation, restructuring negotiations, business divorces, and multi-party disputes), the path to resolution often requires thinking outside of the box. To illustrate, let’s consider Drew Daywalt’s “The Day the Crayons Quit.” …
Mediator Insights: How to Spot a Melting Ice Cube Case
Perhaps more so than any other situation, in a melting ice cube case, the best outcome for each is a consensual outcome for all. Let me explain. Most legal disputes are over the distribution of value. The value may be inventory, mineral interests, money, equity, contract performance, cessation of activities,…
Mediator Insights: How to Breach the Bully Barrier in Mediation
Bullies use aggressive behavior (physical and verbal) to intimidate and coerce others. Bullies show up in all aspects of life, including in mediation and negotiation. In many cases, the bully is the reason the dispute is in mediation. The bully has become the barrier to resolution. It is then the…
Arbitrator Insights: Real World Practice Tips from an Arbitrator as You Prepare for Your Next Preliminary Case Management Hearing and Scheduling Conference
Every arbitration is unique – the parties, facts, law, complexities, procedures, schedule, and deadlines – it all varies with each case. But here are a few real-world practice tips that do not change from case to case. Keep these in mind as you prepare for your next preliminary case management…