Virtual Mediation--Alternative Dispute Resolution has moved (kicking and screaming) into the virtual world. My firm has handled over a dozen virtual mediations and arbitrations in the past few weeks and here is what we have learned: -Virtual mediation can work. During lockdown, with the courts out of commission, attorneys have time to mediate. You can prep your clients, remotely of course, and write up pre-mediation statements to submit to the Mediator. One obstacle to mediation is just scheduling the darn thing. We spend valuable time trying to juggle the crazed schedules many attorneys and parties keep (or at least used to keep pre-pandemic.) So that obstacle is now gone; we can actually get the mediation on the calendar. -The Process is the same, but different. Zoom allows for private breakout rooms so we can separate out and have confidential conversations. It’s not flawless and take...
Popular posts from this blog
COFFEE WITH A SIDE OF KINDNESS
Starbucks holds a special place in my heart; I am a regular coffee drinker and by now my local store knows not only my name, but also my dog’s name. The other day I was in line ready to order and overheard the customer in front of me laughing about her magic Starbucks card that showed a $0.18 balance but just keeps on working. She used her magic card to pay and stepped off to the side to wait for her order. Before I could mutter “Grande Cappuccino with Skim Milk,” my barista informed me their system was acting up and I could pay only with cash or the app. Panic flowed through my body—I had forgotten my iPhone that morning, so no app, and very little cash on me. The previous customer must have noticed the rising alarm in my voice because she quickly interrupted by insisting that I use her Starbucks Card, referring to it as the “Community Card.” I did and it worked perfectly. I turned to the cu...
MED-ARB BASEBALL STYLE As a follow up to my last post on Med-Arb, I want to describe a new type of Med-Arb gaining popularity: Med-Arb Baseball Style. (Okay, I made up that name but it aptly describes this process.) In Major League Baseball (MLB) if the team and player cannot agree on a contract price, the case goes to a neutral arbitrator and each side presents the Arbitrator with a dollar amount they believe represents a fair, final price and their justification for the price. (Seems strange to speak of a price for a person, even if he is an awesome baseball player!) The Arbitrator chooses one of the numbers presented and has no discretion to choose or do anything else. Both sides have an incentive to be reasonable and give their best number. Because this is St. Louis and we love our baseball, (and hockey too) this process has spilled over into contract disputes, particularly in the construction arena when dis...
Comments
Post a Comment