Virtual (ON-LINE) MEDIATION

Life has changed at a blistering pace as a result of COVID-19.  The courts are essentially shutdown and deadlines have been extended.  Social distancing and sheltering in place as well as travel restrictions obviously impact scheduled mediations and scheduling mediations. On March 17, 2020, the North Carolina Dispute Resolution Commission issued the following statement: “all mediations under a DRC program shall be conducted remotely, if …

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elements of a good mediation

One of the benefits of a being both a mediator and an advocate is the opportunity to view other mediators at work and try to employ what they do that is effective and avoid what is not.  I recently had a mediation where the mediator announced his expertise in the substantive area — thereby losing a substantial amount of his role as mediator —  and …

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Different Strokes

At one mediation I heard counsel accuse the plaintiffs of lying and engaging in “litigation lottery,” hoping for a big payoff. This mediation was over before it began. At another mediation, counsel for one party repeatedly accused the other party of lying under oath. That mediation resulted in a settlement favorable to the party making the accusation. So, what’s the difference? Should the opening session …

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