The Benefits of Comprehensive Releases

by: , July 24, 2017

When combatants settle a lawsuit, they often exchange mutual releases – that is, they release each other from all and any possible claims arising out of the issues raised in the litigation. However, releases can be the bane of a lawyer’s existence when it comes to getting the words just right. Clients don’t think they…read more

The Importance of Documenting a Settlement

by: , February 27, 2007

In the context of estate litigation, mediation, as well as pre-trial conferences, often leads to settlements.  The importance of carefully documenting a settlement should not be overlooked.  Where required, a Rule 7 motion (court approval of a settlement where a party is under a disability) will have the effect of forcing the parties to document…read more

When to Mediate

by: , February 27, 2007

I recently attended a client meeting where the issue of mediation was hotly debated.  My client expressed reluctance in participating in a process with a party that my client regarded as intransigent and obstinate.  My client also thought that proposing mediation would suggest to the other side that our case was weak and we were…read more

Choosing a Mediator

by: , February 27, 2007

Mediation is a common occurrence in estate litigation.  Mediation is also popular in other areas, including family law and even commercial litigation.  When choosing a mediator, I look for the following characteristics: Knowledgeable (has to know the law) Experienced at mediating (too many “wannabes”) Litigation savvy (knows the true costs and challenges of litigation) Empathetic…read more