Tag: arbritration
-
FAQ: When Does Mediation Really Start?
When does mediation start? People tend to believe that mediation begins when all concerned parties meet in the mediation room and take their places at the mediation table. Mediation begins when disputing parties agree to participate in a private mediation or when a Judge suggests that they attempt mediation. Pre-mediation This pre-mediation phase is frequently…
-
FAQ: What are some the qualifications of a good mediator? Part I
I have often been asked what the qualifications of a good mediator are. My answer is self serving but true. I have worked hard to make sure that I am the best qualified to mediate a case. Remember it is not bragging if true. So as to not bore you with all of the qualifications…
-
FAQ: What is the format of a mediation?
What is the format of a mediation? What is the format of a mediation? The process is entirely flexible and will depend on the mediator and the parties’ preferences. In general terms, it is preferable that position papers are exchanged in advance. Depending on what stage in the dispute the mediation takes place, it may…
-
FAQ: How to propose mediation?
A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a willingness to explore the possibility of…
-
FAQ: How to propose mediation?
How to Propose Mediation – Options A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a…
-
FAQ: Why you might not mediate?
To Mediate or Not? The key issue is whether a party is ready to seriously attempt a negotiated settlement. If a party is insisting on pre-conditions to a mediation or sees the mediation as an opportunity to “send a message” rather than an opportunity to resolve, then there may be little prospect that a successful…
-
FINRA Arbitration Motion in Limine
Arbitration has often been compared to the traditional courts. The major difference is that the parties are able to proceed in a much more deliberate matter. The final motion is a motion in Limine. Motion in Limine A motion in limine is a request for the arbitrators to rule on the admissibility of evidence in…
-
FAQ: When is mediation appropriate?
FAQ: When is mediation appropriate? Mediation can take place at any stage from before legal proceedings are issued up until trial and even after trial. Obviously, the earlier mediation takes place, the better chance of saving costs, avoiding publicity and possibly preserving future relations between the parties. However, at a later stage in proceedings mediation…
-
FINRA Arbitration Motions to Compel
Arbitration has often been compared to the traditional courts. The major difference is that the parties are able to proceed in a much more deliberate matter. Although arbitration is an informal process, a variety of matters may be subject to motion practice. Motion to Compel Discovery FINRA Rule 12509 provides that a party may make…
-
FAQ: What is the role of the mediator?
Role of the Mediator The role of the mediator is not set in stone. Typically the mediator acts as a neutral third party and facilitates rather than directs the process. At all times, the parties and not the mediator control the outcome of the process. Establish a Process A good mediator is somebody who is…