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 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…

By Matthew M. Hoffman Many business owners and construction industry entities prefer, as a matter of course, that construction disputes be submitted to binding arbitration. Others maintain that, because arbitration lacks facets of the procedural and legal structure of court litigation, only traditional litigation will ensure an outcome that is truly premised on the facts…

Unusual topic, isn’t it? How could someone saving your client, who would pay hundreds of dollars in attorney fees, be beneficial to you (an attorney)? Read on to find your answers. Mediation one form of Alternative Dispute Resolution (ADR) to a lawsuit which is facilitated by a neutral third party that will not decide or…

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