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by Dr. Justin Wood, Th.D., CJME Early Neutral Evaluation (ENE) is a form of alternative dispute resolution with in the scope of   but less formal than, arbitration where one or both sides in a dispute seek the opinion of neutral third party to evaluate their case. ENE is typically an informal conference held early…

By Lee Jay Berman The biggest mistake most attorneys make is not getting all of the value that the mediator has to offer, and for which their client is paying. Many attorneys won’t let the mediator get a word in edgewise, tie their hands with respect to what they can reveal and discuss in the…

By: Dr. Justin Wood, Th.d, CJME The amount of sessions or time needed depends on several factors including the complexity of the issues involved in your case, the level of animosity among the parties, and the willingness of the parties to reach an agreement.  The majority of disputes will resolve in one or two sessions,…

By Dr. Justin Wood, Th.d., CJME This is a blog post of a letter I write FINRA in response to their questions asking advise on the proposed elimination of non-attorney representatives in arbitration. I would like to comment on NAR (non-attorney representative) firms, individuals or others that participate in arbitration.  ADR (alternative dispute resolution) was…

By: Dr. Justin Wood, Th.d, CJME Preface Primarily: I am not saying all attorneys who practice mediation are unethical but there are many who clearly violate both mediation and attorney ethics rules. Secondarily: Anyone setting as a mediator must adhere to a guideline of neutrality, ovoid using private and confidential information against a participant, forbid…

To have a successful mediation experience, you should come to the table well organized and prepared to explain your side of the story and listen to the other side’s perspective. Some of the following tips will help guide you toward a productive mediation process: Confirm meeting logistics well in advance to ensure all parties and…

By: Dr. Justin Wood, Th.d, CJME Direct negotiation is a dispute resolution technique process at the beginning of the ADR spectrum. It is often a good starting point to see if a conflict can be resolved without needing to use mediation, arbitration or court litigation.  In direct negotiation, the parties may or may not be…

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