Getting into a fee dispute with a client can be a bit like walking through a minefield. Stepping cautiously may maximize your ability to recover fees due and help you avoid a malpractice claim or State Bar complaint.
Practicing civility at the mediation session also produces unmistakable dividends, starting with your credibility with the mediator.
Mediators can get places nobody else can. Good mediators promote open dialogue between the parties. And once people talk candidly about their cases, great things happen.
Both Collaborative Practice and mediation rely on voluntary, free exchange of information and commitment to resolutions respecting everyone’s shared goals. But if the parties had mutual trust, shared goals and could communicate effectively, they probably would not be getting a divorce.
Highlights of the September 2015 Contra Costa Lawyer ADR edition include articles on dispute resolution, mediation, arbitration and more.
Several of these articles will introduce you to some areas of the ADR practice field that you may not have encountered or even considered.
Based on the Restorative Practices (RP) method now being taught in some public schools, children are learning conflict resolution techniques as early as kindergarten.
A sensitivity to implicit bias, an awareness of our own emotions and judgments, and a facility for learning and conveying different meanings among the parties will serve us well.
Looking behind the positions, there must be recognition by all parties of the concerns or interests of the other. Only then can there be an exploration of the underlying concerns.
Can counsel successfully vacate an arbitration award after finding negative undisclosed information about the arbitrator in an Internet search?
The plaintiff begged the mediator to “make” the attorney accept the offer, even though there would be little paid towards the attorney’s fees.
The perfect mediation is a goal. The self-determination aspects make the process more satisfying than trial.
What happens when a mediator calls an attorney in for a “private chat without the client”? Mediation brings a new spin to these issues, particularly because of a lack of enforceable black-letter rules.
Are you missing opportunities to resolve your employment litigation because you decline a joint session during mediation?