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Month: July 2017

Mediation FAQ: What Helps To Get The Case Settled?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: What Helps To Get The Case Settled?

What Helps To Get The Case Settled? Everything I have covered in this article is designed to assist you in trying to resolve your dispute.  The more you prepare, the more likely you are to reach a settlement.  Perhaps the most important factor in you being able to settle your case is having a realistic…

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Mediation FAQ: How Long Will the Mediation Last?

Posted on July 28, 2017 By Jay Young No Comments on Mediation FAQ: How Long Will the Mediation Last?

How Long Will the Mediation Last? No two mediations are alike, but you should be prepared for a long, sometimes tedious, tiresome, trying, and emotional process.  The more complex the problem, the more likely that the mediation will take some time to come to a conclusion.  I have spent as little as an hour and…

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Mediation FAQ: Can You Speak With Your Attorney Privately Any Time You Want?

Posted on July 28, 2017 By Jay Young No Comments on Mediation FAQ: Can You Speak With Your Attorney Privately Any Time You Want?

Can You Speak With Your Attorney Privately Any Time You Want?             Yes!  All you have to do, whether in a joint session or separate session, is tell me and I will make arrangements for privacy so that you can speak freely with your counsel. Jay Young is a Mediator in Las Vegas, Nevada.  He…

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Mediation FAQ: What Is A Separate Session?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: What Is A Separate Session?

What Is A Separate Session? A separate session is sometimes referred to as a caucus or a private session.  It is simply a private meeting between a mediator and one party (with that party’s counsel).  I place the parties in separate rooms, and far enough apart that they won’t run into each other easily and…

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Mediation FAQ: What Will Happen At The Mediation?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: What Will Happen At The Mediation?

What Will Happen At The Mediation? First, I prefer to have a pre-mediation discussion by telephone with counsel a few days before we meet.  I find that these conversations give me a flavor for the dispute that I cannot always get from the written briefs, and help me to jumpstart the actual mediation by getting…

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Mediation FAQ: Is Mediation Confidential?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: Is Mediation Confidential?

Is Mediation Confidential? Yes, mediation proceedings are confidential.  There are several aspects of mediation confidentiality that are explained in greater detail below, which you should understand:  1) confidential submissions to the mediator; 2) confidentiality of the settlement itself; 3) admissibility of the negotiations should the matter not settle; and 4) the obligation of the mediator…

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Mediation FAQ: Who May Attend The Mediation?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: Who May Attend The Mediation?

Who May Attend The Mediation? All parties directly involved in the dispute should attend the mediation.  You and your attorney, as well as the other party and their counsel need to appear.  Anyone who would be responsible to pay or to approve the amount paid or received should be in attendance or, at a minimum,…

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Mediation FAQ: What is Your Role at Mediation?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: What is Your Role at Mediation?

What is Your Role? In litigation, your attorney does most of the heavy lifting, and as a party, you are mostly watching the presentation.  Much of that presentation, if not all, focuses on the past.  In mediation, your attorney will still be an important advocate for your cause and will certainly be a very important…

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Mediation FAQ: What is the Role of the Mediator?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: What is the Role of the Mediator?

What is the Role of the Mediator? As a mediator, I believe my first role is to understand the dispute between the parties.  The parties to the suit have the most information about the issues that they currently face.  To help them reach a resolution, I need to understand the genesis of the dispute through…

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Mediation FAQ: Why Mediate?

Posted on July 28, 2017January 9, 2024 By Jay Young No Comments on Mediation FAQ: Why Mediate?

Why Mediate? The uncertainty of a litigated outcome alone justifies considering alternatives to a litigated result.  Every experienced litigator can point to cases they won when they didn’t think they had a chance winning.  They can also point to times when if there was any justice, they would have won, but lost.  There simply is…

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