Bankruptcy courts handle over one million cases yearly ranging from simple consumer cases to complex multi-billion dollar business cases. Thousands of parties appear before bankruptcy courts in various capacities raising an infinite array of issues. The courts are both needed and expected to administer these cases fairly and efficiently. To…
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Mediator Insights: Practice Tips for Attorneys Based on Lessons Learned Over 10 Years as a Mediator
Now that I have hit double digits as a neutral, I thought I would share some mediation practice tips for attorneys based on lessons learned over the last 10 years. Be Prepared. I prepare for every mediation, and you should too. You should know the case and also your client. …
Arbitrator Insights: Practice Tips for Attorneys Based on Lessons Learned Over 10 Years as an Arbitrator
Now that I have hit double digits as a neutral, I thought I would share some arbitration practice tips for attorneys based on lessons learned over the last 10 years. Be Prepared: I prepare for the preliminary case management and scheduling conference, the final hearing, and each of the hearings…
ADR Insights: 10 Lessons Learned in 10 Years as a Mediator and Arbitrator
Ten years ago, I shifted my practice from serving as an advocate (an attorney representing parties) to primarily serving as a neutral (an arbitrator or mediator). Those 10 years went by in the blink of an eye. Now that I have hit double digits as a neutral, I am pausing…
ADR Insights: Thank You!
Thank you. Two powerful, yet simple words. As an arbitrator and a mediator, I have so much to be thankful for, which I thought about as I read Dr. Seuss’s Thankful Things. In this story, Thing 1 and Thing 2 from The Cat in the Hat are two thankful things…
MAYER MEDIATION MINUTE: The ABC’s of Mediation
As a mediator, I often say that I rely heavily on the ABC’s of mediation. What are the ABC’s of mediation? A: I am an analyst. I analyze the facts and the law. I analyze options, outcomes, and the cues that I receive from the parties. B: I am a…
Mediator Insights: It’s Impossible
They said: This case is impossible to settle. I responded: It is only impossible if you don’t try. I am not referring to one specific mediation, but to a commonly identified obstacle to resolution. Parties often say in frustration “this is impossible.” But the important thing to understand is that…
Mediator Insights: When They Need to Roar
Sometimes we all just need to roar. By roar, I mean let out our anger. Anger is an emotional iceberg. What we see is the angry outburst, but underneath we find the hidden causes like fear, rejection, regret, grief, and more. In my experience as a mediator, parties often bring…
Mediator Insights: The Grief in the Room
Do you know who participates in mediation? People. People participate in mediation. Whether for themselves or a business, they are still people. And many people who participate in mediation are grieving. Their grief may or may not be related to the underlying dispute. Regardless, their grief is often palpable and…
Mediator Insights: Stuck on No
Toddlers love the word “no.” Some grownups do too. I see this in mediations all too often. One side is stuck on “no” and my job is to help them become unstuck. To illustrate, let’s consider Tracey Corderoy’s No! Otto is adorable. Everyone says so – his parents, his grandparents,…