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. …
Tag: preparing for mediation
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…
Mediator Insights: Help
Never be afraid to ask your mediator for help. We all need a little help sometimes. To illustrate, let’s consider Audrey Wood’s Silly Sally, which is a children’s book written in rhyme. I’d like to share a few excerpts. “Silly Sally went to town, walking backwards, upside down.” “Along the…
Mediator Insights: Don’t Just Know What You Want, Know What You Need
As parties prepare for mediation, they often focus on what they want. They want $X. They want out of a contract. They want to pay nothing. They want…. Sometimes parties forget to also consider what they need. There is a big difference between what you want (e.g., everything you asked…
Maximizing the Value of Bankruptcy Mediation
Sylvia Mayer – Arbitrator, Mediator & Attorney – shares her insights on how to maximize the value of bankruptcy mediation. Autonomy. Flexibility. Privacy. Cost Efficiency. Closure. These are some of the many reasons that parties choose to mediate. But once the parties agree to mediate, then what? Below are suggestions…
Top Five Tips in Preparing for Bankruptcy Mediation
Sylvia Mayer – Arbitrator, Mediator & Attorney – offers her top five tips to prepare for a bankruptcy mediation. Most bankruptcy attorneys are born negotiators. It is part of our DNA to zealously advocate for our client’s position and simultaneously explore options for consensual resolution. Unfortunately, many bankruptcy disputes cannot…
Bankruptcy Mediation With Sylvia Mayer
Sylvia Mayer, Attorney, Mediator, and Arbitrator, discusses bankruptcy mediations, including: Bankruptcy 101 (start and finish, parties, claims); Two party disputes versus multi-party disputes; Types of disputes (claims, avoidance actions, plan negotiations, other issues); Use of mediation in bankruptcy, and Confidentiality and court approval in bankruptcy.