Joseph P McMahon Jr

Facilitation, Conflict Management and Dispute Resolution
Joseph P. McMahon Jr.

+303-333-1960

617 Steele St., Denver CO USA 80206-3941

Dispute Resolution Issue for Attorneys

In presentations, mediations or training sessions, some questions or topics are raised with some frequency. Those questions/topics and my responses are listed below. The responses are not articles or essays but rather brief comments, theories and - where possible - suggested practices.

How do you get the opposing party to ADR?		Why is early ADR better?
Often parties want to demonstrate a real interest in settlement without appearing weak or reluctant to go trial. When discovery is on-going and communications tense, it is difficult to freely and openly discuss the design of settlement processes. How can we ask them to the mediation table?		Is it better to finish discovery and then move to mediation? Why should we try to settle earlier?

How to improve mediation communications?		Counseling a client when dispute threatens
There are some positive steps that can improve communication in mediation. It requires commitment from all participants, parties and counsel.		Some steps a client can take at the first signs of trouble.

What are the common errors in settlement?		Making arbitration more efficient
Parties and their legal counsel do not generally create new and unique errors when negotiating settlement - rather, they tend to repeat the same mistakes over and over.		Some steps you can take to get arbitration back to the situation of being faster and cheaper than litigation.