Are you an attorney with an upcoming mediation? This is your place to peek behind the curtain of what a mediator is really thinking. Hear renowned mediators from across the country offer insights on the most effective strategies for lawyers and parties to use in mediation. Hosted by litigator-turned-mediator Abe Melamed, Esq.
14. What Is The Goal Of Mediation? Litigators, Be Thoughtful About Your Objectives. With JJ Johnston and Abe Melamed
Lawyers often go to mediation without thinking through their objective in the mediation process. Sure, we all know the goal is to resolve the case, but do the lawyers need an evaluative mediator who will be the voice of reason for their clients? Do they need someone sympathetic to give their client catharsis? Do they just need an opportunity to get all the relevant stakeholders in one room and negotiate? It is critical for litigators to think about these objectives in advance of mediation so that they can best prepare and inform the mediator about how they can be most valuable. In this episode, I discuss this topic with renowned employment mediator JJ Johnston. We address some common pitfalls such as poor mediation briefs, poor preparation with clients, decisionmakers not being present, surprise evidence, and more.
To learn more about Abe Melamed visit: https://signatureresolution.com/neutral-CPT/abe-melamed/ (https://signatureresolution.com/neutral-CPT/abe-melamed/)
To learn more about JJ Johnston visit: https://johnstonmediation.com/ (https://johnstonmediation.com/)
31 Oct 2023
13. A Perspective From Both Sides: With Plaintiff Counsel Maria Bourn and Defense Counsel Mike Laurenson.
Maria Bourn is a partner with Gomerman, Bourn & Associates where she passionately advocates on behalf of plaintiffs in employment discrimination cases. Mike Laurenson is the leader of Gordon Reese's Northern California Trial Practice Group, and a passionate advocate on behalf of defendants in employment cases. In this conversation guided by mediator Abe Melamed, Maria and Mike ask each other about the tactics they each employ during mediations and the audience gets to peek behind the curtain of the strategies that drive both the plaintiff and defense in employment mediations.
3 Oct 2023
12. Preparing for Class Action Mediations, with Steve Pearl and Abe Melamed
Steve Pearl is a well-respected class action mediator in California. He has been named a "Super Lawyer" in Dispute Resolution and Employment and Labor Law, and has been recognized by courts as "an experienced class action mediator" in approving class action settlements. Hear Steve and Abe discuss how to prepare for class action mediations and anecdotes of some of the toughest mediations Steve has assisted in resolving. Learn more about Steve and Abe at StevePearlMediation.com and signatureresolution.com/neutral-CPT/abe-melamed.
1 Aug 2023
11. Listening Sessions During Mediation: Letting The Client Tell Their Story, with Sylvia Mayer and Abe Melamed
Sylvia Mayer is a nationwide arbitrator, mediator, and attorney with 30 years of legal experience. She's a member of the National Academy of Distinguished Neutrals (NADN) and serves on a number of arbitration and mediation rosters. Hear Sylvia and Abe discuss what a listening session at the start of mediation is, why they are so critical to the mediation process, and how litigators can prepare their clients for listening sessions. Learn more about Sylvia and Abe at SMayerLaw.com (https://smayerlaw.com/) and MelamedMediation.com.
30 May 2023
10. Mediation Secrets with David Kupfer, Abe Melamed & Jason Ingber
David Kupfer is a partner with Kasowitz Benson (any opinions and thoughts expressed in the episode are David's not his firm's). Jason Ingber is a trial attorney and prolific podcast host. Abe Melamed is a professional mediator. In this cross-over episode between the Mediator in the Middle Podcast and The Jason Ingber Podcast, David and Jason grill Abe on maneuver/processes that lawyers can apply to settle cases and Abe's mediation show pitch to Netflix. We also trade wild stories and dissect their results.
24 Apr 2023
9. How a mediator helped the parties reach the historic $787.5 Million settlement in Dominion v. Fox.
The recent record settlement between Dominion Voting Systems and Fox News on the steps of the courthouse for $787.5 Million, was brokered by veteran mediator Jerry Roscoe from a riverboat and a tour bus, while on vacation. But what is a mediator anyway, and how did Jerry Roscoe help settle likely the largest defamation case in history? Tune in to this episode to hear renowned mediators Kyle-Beth Hilfer, Ruth Raisfeld and Abe Melamed discuss this historic settlement, what value a mediator brings to the table, when and why to mediate, mediation confidentiality, the role of apologies in mediation, and much more.
Learn more about Kyle-Beth HIlfer at: https://kbhilferlaw.com/
Learn more about Ruth Raisfeld at: http://rdradr.com/
Learn more about Abe at: https://www.mealmedmediation.com (https://www.mealmedmediation.com/)
20 Mar 2023
8. Respecting culture, diversity, equity & inclusion, and maintaining civility in the mediation process, with Angela Reddock-Wright and Abe Melamed
Angela Reddock-Wright is a mediator and arbitrator with Signature Resolution in California. She specializes in employment law and is a champion for Diversity, Equity, and Inclusion (DEI) in the mediation process. Hear Angela and Abe talk about how lawyers can better recognize, understand and respect DEI issues with their clients, get ahead of sensitivities in pre-mediation, ask about religious practices and attire considerations, and be trauma-informed when going into mediation, and more. Learn more about Angela and Abe at SignatureResolution.com and MelamedMediation.com
26 Jan 2023
7. Customizing each mediation by approaching it with a fresh set of eyes, with Jeff Kichaven and Abe Melamed
Jeff Kichaven is in his third decade as a professional mediator in California. His passion is helping people make better decisions, and helping lawyers be better lawyers. Hear Jeff and Abe discuss the importance of understanding client temperament, how no two cases are the same, why lawyers need to think like mediators before a session, prepping clients to receive bad news, and much more. Learn more about Jeff and Abe at JeffKichaven.com and MelamedMediation.com
19 Jan 2023
6. Preparing Your Client for Mediation, with Chaim Book and Abe Melamed
Chaim Book is a prominent employment lawyer based in New York, representing both plaintiffs and defendants. He's also a well-regarded mediator, and has been named a New York City Super Lawyer for 15 consecutive years. Hear Chaim and Abe discuss how lawyers can best prepare their clients for mediations, including understanding the process, negotiation tactics, mediation terms, preparing for bad news, and much more. Learn more about Chaim and Abe at BookLawLLP.com and MelamedMediation.com
3 Jan 2023
5. Mock mediation adapted from a jury verdict, Jones v. Smith, with Jeff Thurrell & Mona Tashroudian
Have you ever wanted to be a fly on the wall during a high-profile mediation of a sexual harassment case? Do you want to know what the mediation process is like from the points of view of not just the plaintiff, not just the defendant, but also the mediator? Today you can do just that, with this mock mediation of a sexual harassment case based on real facts from a real jury verdict. Listen to Mona Tashroudian, a skilled trial attorney and founding partner of Tashroudian Law Group, APC, duke it out with noted defense attorney Jeff Thurrell, the regional managing partner of the Irvine office of Fisher & Phillips. And listen as Abe Melamed - the creative mediator, assists the parties in exchanging information and bridging the gap to get to a mediator's proposal and resolution.
Learn more about Abe Melamed - The Creative Mediator, at melamedmediation.com (http://melamedmediation.com)
Learn more about Mona Tashroudian, at https://tashlawgroup.com/mona-tashroudian-esq
Learn more about Jeffrey Thurrell, at https://www.fisherphillips.com/people/jeffrey-r-thurrell.html?tab=overview
17 Nov 2022
4. Virtual Mediation 3 Years Later: Best Practices in Conducting Online Proceedings, with Ruth Raisfeld and Abe Melamed
Ruth Raisfeld is an attorney in New York with more than 40 years of experience, 20 as a litigator, and 20 as a mediator, providing alternative dispute resolution services to law firms, corporations, nonprofits, individuals, and neutral panels. Ruth is highly regarded by her peers and by the attorneys she has worked with. Hear Abe and Ruth talk about the do’s and don'ts in virtual mediation, how to be most effective as lawyers and mediators during Zoom meetings, preparing materials for screen share, going through proper virtual training, and more. Learn more about Ruth and Abe at RDRADR.com and MelamedMediation.com
9 Nov 2022
3. Executive Sessions/Attorney Meetings during Mediation: A Great Opportunity to Build Rapport and Trust with Opposing Counsel, with Gig Kyriacou and Abe Melamed
Gig Kyriacou has been an attorney in California for more than 30 years and a mediator for more than 25 years. He's received some of the highest accolades a mediator can receive and has been recognized as a Top Neutral in CA, a Superlawyer, and a Master Neutral. Hear Abe and Gig discuss the importance of executive sessions/attorney meetings during a mediation, their process for convening and running these sessions, when the best time to do so is, why listening is key, and more. Learn more about Gig and Abe at GigKMediate.com and MelamedMediation.com
6 Oct 2022
2. Front-Loading the Process: Pre-Mediation Exchange of Information and Documents, with Lee Jay Berman and Abe Melamed
Lee Jay Berman has been a full-time mediator in California for 28 years, in addition to being an executive coach, trainer, and author. Hear Abe and Lee Jay discuss why it is key for lawyers to front-load the mediation process as much as possible through a pre-mediation exchange of both information and documents. Abe and Lee Jay share the ground rules of confidentiality and how to structure an exchange in a way that accounts for any concerns of the parties. Learn more about Lee Jay and Abe at LeeJayBerman.com and MelamedMediation.com
6 Oct 2022
1. Striking the Balance between Being Evaluative and Facilitative in a Mediation, with Abe Melamed and Jan Schau
Welcome to Mediator in the Middle. In this inaugural episode, Mediator Abe Melamed is joined by Jan Schau of ADR Services, Inc. to discuss how lawyers can better assist their mediator strike the balance between being evaluative and being facilitative and empathetic in a mediation. Jan is recognized as one of the leading mediators in Southern California, with nearly 20 years of experience as a mediator following a long and successful career as a litigator. Hear Jan and Abe discuss how to strike a balance between being empathetic and evaluative in a mediation, why lawyers should be more proactive in reaching out to mediators to better prepare them for mediation, and what Jan wishes more lawyers would tell their clients about the mediation process. Learn more about Jan and Abe at ADRServices.com/Neutrals/Schau-Jan-Frankel and MelamedMediation.com
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