Mediation

Employment Practices Liability Insurance (EPLI) and mediation

When EPLI is present, what was a two-party case has become a multi-party case and the dynamics have changed

From Issue: 2019 August

Eight best-practices for mediating single-plaintiff wage-and-hour claims

Because wage-and-hour damages can be calculated more precisely, the parties may not be as far apart in their settlement valuations

Polina Bernstein

From Issue: 2023 July

Effective appellate mediation

A closer look at the mediation of a defense appeal from a money judgment

Herb Fox

From Issue: 2021 December

Don’t let a liquidated-damages clause nullify your settlement agreement

When a settlement agreement includes a liquidated-damages provision it may become subject to heightened scrutiny

Abraham Khan

From Issue: 2023 September

Distressed real estate and ADR

Analyzing various remedies available thru ADR when a real-estate default arises

Alan S. Petlak

From Issue: 2024 September

Court proceedings after mediation

Mediation tips from “the professor” on how to best use the courts to wrap up your mediation

Enrique Romero

From Issue: 2021 September

Emotions, anger, neuroscience and the opening demand in mediation

Why some mediations fail right from the beginning as the parties retreat to their corners and never emerge

Barbara A. Reeves

From Issue: 2019 August

Effective probate mediations

A probate court’s order to private mediation can include nonparties to the litigation

Marc P. Grismer

From Issue: 2025 September

Don’t walk out

A guide to getting the most value from a mediation, even if the case won’t settle

J. Bernard Alexander

From Issue: 2023 July

Do you have a settlement Brain Trust?

From the settlement consultant (broker) to the estate attorney, CPA and financial advisor, clients receiving a large settlement can require a real team to manage it for a lifetime

Traci Kaas

From Issue: 2018 August

Crafting a plaintiff’s mediation brief for a standard personal-injury case

The importance of a clear, concise and informative mediation brief

Norman Perry Tarle

From Issue: 2024 September

Challenges of mediating against public entities

A mediated settlement with a public entity should be a sure thing

Rhonda Mallory

From Issue: 2026 September