Blogs

Mediation submissions are often seen as a necessary chore, and there’s little guidance as to what should go into them. By keeping in mind the various members of the audience of your statement, and addressing a few critical topics, lawyers can set the stage for an efficient and effective mediation, writes David E. Jones.

Time is often the secret ingredient to a successful mediation, writes James Mathie. So, prepare to use the patience so time can work its magic.

Mediation is protected by Wis. Stat. section 904.085, which makes mediator testimony inadmissible, subject to limited exceptions. Paul Stenzel takes a closer look at a recent divorce case where the mediator testified in a post-judgment dispute thateventually went to the Wisconsin Court of Appeals.

How often do lawyers evaluate why they are being chosen as a mediator for a particular case? Brent Smith discusses the factors that parties and their attorneys consider when choosing a mediator.

Marquette University Law School has developed one of the top-20 dispute resolution programs in the country. Two students from this program have joined the Dispute Resolution Section Board as student liaisons this academic year. Mary L. Ferwerda introduces the program and the students.

In early March, President Joe Biden signed a new law banning mandatory arbitration for workplace sexual assault and sexual harassment claim. Holly Pomraning discusses the act and its implications for employers.

Divorce can be costly – an alternative is mediation. But what if the parties already must go through cultural mediation before a divorce? Chue Xiong discusses how to incorporate cultural mediation into your mediation practice – which may be the mosteffective way to obtain a divorce.

It is important to maintain an ethical awareness when in the midst of mediation or legal negotiations, says James Mathie. He discusses ethics surveys of lawyers that have some surprising results, and provides several strategies to maintain your ethical awareness.

There are significant negative consequences from our unconscious assumptions. Lisa Derr provides seven steps to begin changing our unconscious bias and incorrect assumptions.

As mediators, we need to think about our presence. How do our attitudes and beliefs affect the mediation process? Paul Stenzel discusses how maintaining a positive attitude while acknowledging your biases strengthens your mediation skills.

There are many different ways to achieve a mediation agreement. Nancy Mills suggests alternative ways for both parties to achieve desired results.

COVID-19 has brought many changes to the way mediations are conducted. Brent Smith discusses what mediation might look like, post-pandemic.

Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

Mediations and arbitrations using a virtual platform became necessary during the pandemic. Unexpectedly, they proved to be more than that. David E. Jones discusses the pros and cons of using a virtual platform for mediation and arbitration.

In complicated cases, neutral evaluations may be a better method of dispute resolution. Roy Wagner discusses when and how to use this close cousin of mediation.

Legal language creates barriers to understanding. Mary L. Ferwerda discusses how incorporating concepts of “plain language” into dispute resolution documents, such as agreements to mediate and the resolution agreements, can improve parties’ understanding and compliance with the stated terms.

The new trend of virtual mediation has been around for a while now. Michael D. Rust discusses lessons learned from 150 mediation referrals during the pandemic, and how the use of online dispute resolution is translating to the users of the services.

When a mediation is heading into overtime, do you continue or reschedule? Brent Nistler discusses the pros and cons of continuing mediation when it takes more time than expected..

Effective representation – whether a mediator or lawyer – requires understanding not just the parties’ points of view, but how your own biases may impact the process. Lisa Derr offers seven tips for mediators to improve their cultural awareness.

Important keys to a successful mediation: Maintaining neutrality and keeping in check the emotions of the participants – including the mediator. Judy O’Connell discusses ways to stay neutral and create calm in the mediation process.

Early neutral evaluation is an available and alternative option for resolving civil cases quickly and efficiently. Marta Meyers discusses the issue, saying that it may be time to attempt early neutral evaluation more earnestly and more often in Wisconsin.

Proper preparation can help you maximize results for your clients during their mediation session. Jill Sopha shares her favorite tips for advocates in mediation.

Mediating by video conference is not as straightforward as in-person sessions. Lisa Derr and retired Judge Charles Kahn share their perspectives on how they have adapted to technology in the era of social distancing including accessibility, neutrality, and confidentiality.

Caucusing in mediation is useful way to exchange information and provide a safe place to reality check, brainstorm, and examine feelings. Cathy A. Warmington discusses the ins and outs of caucusing in mediation.

The decision in Ponfils Trust is a cautionary tale about according mediation agreements their due. James Mathie points out that preparing for agreements ahead of time can be the key to getting them right at the end of a long mediation.

Mediation may seem like a traffic jam, but with the right mediation tools situations can successfully merge into a solution. James Mathie lists a few ways lawyers can set up a mediation for success.

Dispute resolution is a useful tool in resolving professional liability cases. Perry Granof explores various dispute resolution procedures, including their efficacy and advantages and disadvantages.

Listening closely and carefully is one of the most effective tools of the family court mediator. Nancy Mills discusses this subtle mediator skill that helps the mediator bring adversarial parents to an agreement that places the needs of the child first.

Certain legal disputes may be better handled by two neutral parties working together to help the case reach a resolution via co-mediation. Roy Wagner discusses when two heads are better than one.

Mandatory mediation in elder law can save court resources and reach creative solutions that preserve family relationships and allow the elder’s voice to be heard, says Julie Short.

When valuing a case, lawyers should look beyond the legal issues to consider the client's personal costs and benefits of litigating. Jill Sopha discusses BATNA, or Best Alternative to a Negotiated Agreement, a formula to calculate the value of litigating a case.

Jim Mathie discusses how perspective taking can help to solve difficult puzzles in mediation.

There are many hurdles and pitfalls when it is your job to find common ground with parents involved in custody disputes. Nancy Mills discusses her techniques to help parents overcome their issues and put their children first.

Former Sheboygan County Circuit Court Judge James Bolgert was attracted to a mediation practice because he believes in using mediation to resolve family disputes. "And mediation with attorneys works well with a schedule in which some days are reserved for higher things (grandparent work)," he writes. "Pro se mediation reminds me of practicing law: You get calls."

From liability considerations to subrogation, there is a lot to consider before going to a personal injury mediation. Are you prepared? Timothy Hawley helps you to prepare with a list of seven issues to address in your mediation statement.

In these tumultuous times, the American Bar Association's annual Mediation Week is an opportunity to reflect on and consider the value of mediation for addressing conflict in our lives. Lisa Derr and Amy Koltz offer seven tips for learning, engaging in, and sharing about mediation.

During mediation, if you suddenly learn new information about your case that makes you rethink its settlement value – that is a good thing, not something to be afraid of. Mediation, says Michael Pollack, is the better time than during trial to find out what’s harmful in your case.

On Jan. 12, 2017, the Wisconsin Supreme Court approved Rule Petition 16-04 that expanded the role of lawyer-mediators in family law cases. Hon. Michael Dwyer and Susan Hansen discuss the rule and what it means for the evolution of family law practice.

You spend money advertising to make the phone ring – but what do you do when the phone actually rings? Lisa Derr discusses the key components to successfully converting that caller into a paying client.

What happens when you apply interest-based bargaining techniques to the typically distributive process of buying a home? Michael Rust shares his experience.

We’re excited to announce the launch of a new blog for the Dispute Resolution Section!