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The NFL Can Make A Difference by Choosing Mediation

With the exciting Super Bowl game behind us, I read an interesting article about NFL players who recently submitted a request to mediate with their NFL owners over current issues affecting the league. The article discusses that “mediation isn’t about winning and losing, it’s about finding common interests.”   

Oftentimes, it is so easy to forget that resolution usually happens when no one gets exactly what they want. The plaintiff may have accepted less money than they wanted. The defendant may have paid more money than they wanted. But, at the end of the day, the interests of both parties were protected.   

I’ve copied the text to this short article which you may find interesting.  Have a good weekend. 

            Allen Schreiber  

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Taylor AkersComment
ADR Tip- January 19, 2018

ADR Tip- January 19, 2018

I hope everyone has thawed out from the cold these past few days.  I was preparing for a presentation this week and came across this clip.  The video is about five minutes long.  Worth the watch! 

Often, when meeting with a plaintiff in an initial mediation caucus, I reference the game "Deal or No Deal."  I explain that at the end of the day in mediation you want to have the best outcome—without potentially losing everything.  

While this clip is from "Who Wants To Be A Millionaire" it illustrates just how important the process of making "choices" can be. Does this guy make the best choices??   

Have a great weekend!

https://www.youtube.com/watch?v=wHl-sN2Npvw

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Taylor AkersComment
ADR Tip- September 15, 2017

Good morning all, 

I have been involved with over 1,500 mediations and, to this day, I am still presented with new issues.  While conducting a mediation recently, an issue of confidentiality presented itself.  The parties, both plaintiff and defendant, were confused as to the scope of confidentiality within the mediation process.  

Obviously confidentiality plays a vital role, not only among the disputants at the mediation session,  but also in private caucuses with the mediator.  I always seek openness and truthfulness from all disputants and those built confidences in private caucuses help me asses the parties in forming a resolution that meets the needs and interests of all participants. 

As a reminder…..  Any statements made, numbers exchanged, or evidence relied upon at mediation will be considered confidential information.  This confidentiality is not absolute, however.  Parties can still use information disclosed in mediation if an independent source for that evidence exists from somewhere other than the mediation.  Any content that was discussed while at mediation, without an independent source of evidence, is strictly prohibited.  Mediator's statements and recommendations made at the mediation session are considered confidential.  Also, mediators cannot later discuss with the judge particulars of the mediation other than whether the case was settled. 

To read more about the issue of confidentiality: http://blogs.findlaw.com/law_and_life/2017/05/what-is-mediation-confidentiality.html

Practice tip for your Friday!  

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Taylor AkersComment