Author Archives: abfifer

Where’s the Line?

April 20, 2010 – 10:20 am

Where’s the line between evaluative mediation–which is still a type of mediation–and non-binding arbitration, which is no longer mediation, but rather a type of arbitation? If, at the end of a long day of mediation, the mediator offers to come up with a number which the parties can accept or reject, has the mediator now crossed […]

Posted in Uncategorized | Comments Off on Where’s the Line?

Waive party opening statements? Never!

March 1, 2010 – 3:31 pm

Here’s a reason why to not allow parties to waive their opening statements: I did a mediation recently involving a partnership breakup. In pre-mediation, it appeared that the issues would concern a buy-out of the departing partner, as well as a non-compete. But in the mediation, when it was the plaintiff’s turn to give his […]

Posted in Learnings from Mediation | Comments Off on Waive party opening statements? Never!