Last time, I wrote about an Associated Press story on Forbes.com on October 14, 2008 about a federal judge’s appointment of a mediator to work with parties to reach a settlement on damages in a bankruptcy case. Asarco, LLC seeks more than $10 billion in damages against Americas Mining Corporation. The judge has already ruled on liability and now wants the parties to try to resolve the damages issue with the mediator’s help, in sessions today and tomorrow.
That time I wrote about how this case highlights the flexibility of the mediation process. This case illustrates another point about business mediation. Some people who are not very familiar with business mediation think that its use is limited to “small” or low-value disputes. In fact, sophisticated parties and counsel know that mediation can be helpful in cases of any size. One of the benefits of mediation in the context of a litigated dispute is that a resolution that the parties reach with the help of a mediator removes the danger of a highly unfavorable result at the hands of a judge or jury. Rolling the dice can be a risky business decision– whether $1,000 or $1,000,000,000 is at stake.
Forbes.com ran an Associated Press story on October 14, 2008 about a federal judge’s appointment of a mediator to work with parties to reach a settlement on damages in a bankruptcy case. Asarco, LLC seeks more than $10 billion in damages against Americas Mining Corporation. The judge has already ruled on liability and now wants the parties to try to resolve the damages issue with the mediator’s help, in sessions today and tomorrow.
This situation highlights one of the great benefits of business mediation: its flexibility. When it began, this dispute had two parts (at least): liability and damages. Sometimes parties choose to mediate an entire case; other times one part of it. Each situation is unique and mediation can be tailored for a custom fit.
On Wednesday, October 15, 2008, I will be a panelist in a program that is part of the New Haven County Bar Association’s annual “Nuts & Bolts CLE Series”. This is the seventh year that the Bar Association is presenting its nine-part Practice Skills Program For Newer Attorneys. The NHCBA describes Wednesday’s program, Advanced Litigation: Tips Everyone Should Know, this way: “Provides overview of Federal Court, expert witnesses, complex litigation docket, Removals, and use of mediation and arbitration. Features Tips for Litigators and Q&A with panelists. Guest Speakers: Attorneys William B. Bloss, Mark A. Milano, and Jane Beddall.”
I’m looking forward to talking about the “nuts and bolts” of mediation and arbitration. I also will talk about why attorneys serve their clients better when attorneys are aware of the ways that alternative dispute resolution processes like mediation and arbitration can give their clients options to solve problems and meet goals.
On Wednesday October 8, 2008, the Bridgeport Regional Business Council’s Women’s Leadership Council is presenting a panel on Eldercare & Aging: Issues that Affect Everyone. The panel includes: Marie Allen, SW Agency on Aging; Jane Beddall, Dovetail Resolutions; Michael Chiappinelli, Middlebrook Farms at Trumbull (our host); Ann Fowler-Cruz, Cohen and Wolf, P.C.; and Lisa Taccardi, Angels Watching Over You.
I’m looking forward to talking about elder mediation to the group and discussing how elder mediation and related consulting services can help families and elderly loved ones tackle difficult issues.