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Preparing an Effective Mediation Statement

Preparing an effective mediation statement is a critical part of the mediation process. The mediation statement is often the document that gives the mediator his or her first impression of counsel and the client. It is particularly important when the mediator does not hold a joint session but proceeds immediately to caucuses. The purpose of… Read more »

Don’t Ignore the Benefits of Joint Sessions in Mediation

John Delehanty arbitrator and mediator

Joint Sessions Are Valuable; How to Conduct Them. Many mediators and counsel discourage the use of joint sessions in mediation. Counsel often believe that having the parties together in the same room (either physically or virtually) will exacerbate the tensions already present in the litigation and hinder resolution. Mediators often believe, with some justification, that… Read more »

Avoiding Pitfalls in Preparing a Mediation Term Sheet

If the parties can agree upon a settlement in mediation, it is essential that they put their agreement in writing, even if the mediation extends well into the night. Waiting until the next day can be dangerous since parties often change their minds about the deal after sleeping on it. The best way to memorialize... Read more »

Breaking The Mediation Impasse – The Mediator Proposal

John Delehanty arbitrator and mediator
MONDAY AUGUST 16, 2021 Many disputes come so close to resolving, but parties cannot seem to bridge that gap between them. Enter the mediator's proposal. Click here to read John Delehanty's article that recently published in the New York Law Journal about impasses and mediator's proposals. Read the full article here:
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