“While it is no secret that the legal field is not as diverse as the population it serves, the alternative dispute resolution (ADR) field is even more homogeneous. Clients are the decision-makers in selecting mediators and arbitrators and as such, client-driven diversity, equity, and inclusion (DEI) initiatives have the greatest potential for change.”
Read MoreThe following are five areas where in-house counsel or their client representatives may have misconceptions about mediation. By helping to bridge this information gap, lawyers can help their companies more efficiently and effectively resolve outstanding conflicts.
Read MoreIn light of backlogs resulting from closures due to COVID-19, many courts are turning to presumptive ADR programs. As a result, mediation has become, more than ever, a necessary alternative to litigation. Many lawyers and clients, however, are less experienced with developing mediation strategy, which in turn impacts the potential for the parties to reach agreement. For example, mediation statements are a critical opportunity for parties to educate the mediator and help her prepare for the day of mediation. Oftentimes, lawyers do not use this opportunity as effectively as they could. The most useful mediation statement is one that: helps the mediator understand why the parties are where they are; what issues need to be resolved prior to reaching an agreement, and what is important to a party in any negotiated resolution. The following are five do’s and five don’ts to keep in mind when drafting a pre-mediation statement.
