Tag: Discovery

Presumptive Mediation Update

~This post is dedicated to Chuck Newman, a good friend who was passionate about mediation and worked tirelessly to move it forward in many different areas. He will be sorely missed.~

{4 minutes to read} I have written before about Presumptive Mediation, which generally refers to courts where almost all civil cases presumptively go to mediation early in the litigation process.

Many state and federal courts have such programs and they are generally very successful. The New York State courts have been slow to embrace this though in May 2019 the State’s Chief Judge, Janet DiFiore, issued a press release stating the New York State courts would move to a presumptive mediation model.

Discovery

{4 minutes to read} I have written before about when is the best time to mediate. No, you don’t have to go back and re-read that blog because the answer is simple: Now. Now is the best time to mediate.

Does that mean, now, now, or now with some lag time? Ok, now with a little lag time. A party can’t mediate by itself, so there are by necessity some preliminaries, like getting the other side(s) to participate in the mediation. However, that is becoming easier as more courts increasingly direct the parties to mediation without waiting for an agreement. If you want to see a good example, look at the ADR rules for the Federal District Court for the Western District of New York or the rules for North Carolina State Courts and federal courts: Eastern District of NC, Western District of NC, and Middle District of NC.

Seeing the Light

Open road on abstract screen against door opening revealing light

{3 minutes to read} Wow, Daylight Savings Time. At last. Was there ever a time we needed some extra light more than now? Even though changing the clock doesn’t really give us more daylight, we all feel better when it’s still light out at 7 pm. Or later. Shedding light on things is generally seen as something good. It implies opening up and understanding. It’s also one of the great aspects of mediation. It’s why mediation works.

Hanging Up the Cleats

stock-photo of hanging football boots with cleats isolated

{4 minutes to read} So when is it time to hang up the cleats? Some pitchers or quarterbacks hit the wall at 30, others, far fewer, at 40. If you’re a gymnast (not that they wear cleats), forget it. Lasting past 25 can be a miracle. And when should a President hang it up?

It’s Never Too Early to . . .

Stock Photo rooster weathervane against sunrise

{4 minutes to read} It’s never too early to mediate. I have written before on automatic mediation, meaning court-annexed mediation programs where the first step in the litigation process is to send the case out to mediation. Lawyers and judges who do not have experience with such programs often react negatively to the idea of cases going to mediation so early in the process. Those reactions are often based on the assumption that cases are only ready for mediation after all discovery has been completed; documents exchanged; depositions held; medical exams held when needed; etc. This assumption is wrong.

347-314-2163

Tag: Discovery

Presumptive Mediation Update

Discovery

Seeing the Light

Hanging Up the Cleats

It’s Never Too Early to . . .

Services

About Us

Contact Us