Part of my ADR law practice involves Arbitration. Many of the arbitrations are agreed to by the parties, and others are subject to contracts that contain arbitration clauses. Arbitrations can be either a one person or three person arbitration panel. Arbitrations in many cases can be faster than litigation and less expensive. Most arbitration awards are binding, that is, there are very few grounds to appeal an arbitration award.
Unfortunately some accidents result in personal injury and wrong death. Part of my practice includes dealing with catastrophic injuries. In those cases I work with some of the world’s renowned doctors, medical providers and experts. In additional to the medical team we work with economists, biomechanics and rehabilitation experts in order to calculate the amount of damages for the jury or judge to decide. Some of the areas we deal with are:
Today all litigation involves E-Discovery and Electronically Stored Information, including social media. I have been dealing with this part of my practice for years, and have been appointed Special Master by the court to assist the parties and the court to resolve their E-Discovery disputes. Some of the ESI issues involve:
First, I come to every mediation extremely well-prepared. When I read your submission, I examine the hidden layers that you or opposing counsel might not even be aware of. I look for subtle clues that tell me why your client or the opposition feels angry, disrespected, or even sad. You rightfully focus on legal rights, remedies, and defenses. I study that as well, and seek to understand the motivations, interests, biases, and emotions of the parties and of your opposing counsel.
Second, I understand that cases have to settle, but also realize mediation is a voluntary, self-determinative process. As I have worked through the paradox, for the mediator, of having to settle cases while letting you and your client really control the outcome. I have learned to be a decision architect. My job is to help you and your client make the very best decision possible in light of great uncertainty, risk, ambiguity, and emotion. That decision must be made with an acceptance of the deep consequences to the lives involved for the years ahead. If I accomplish those two aspects, I have done my job well.
Third, I connect to you and your client on multiple levels. Emotions flow through every mediation. I have learned to listen carefully, validate and vindicate where appropriate, help create meaning, and provide a safe space for your stories to be heard.
Fourth, as a broad generalist, I have been fortunate to learn a lot. Each case is another tutorial in life, business, and finance. When you mediate your case, you want a smart, well-prepared, decision architect, not a legal specialist who has not trained nor practiced as a professional mediator. My goal is to get your case settled with a deal that will stick.
At some point, if the mediation is a traditional distributive negotiation, we have to start the “dance.” My job here is to act as a neutral cognitive counselor and negotiation coach. I help you and your client avoid the decisional errors that plague many lawyers in negotiation.