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© 2019 by Jerome F. Rock

Case Studies

I've selected a number of Case Studies that illustrate my approach to challenging situations.  Most of the Case Studies begin with my Pre-Hearing Conference where I meet with each side well in advance of the scheduled Hearing,which forms the foundation for the creative problem solving that follows.  This is the reason I refer to my Best Practice of PreMediation as the Gateway to Extraordinary Results. 

 

Please let me know if you'd like me to suggest how any of these Case Studies can be applied your client's situation.

  • PreMediation - Mediator held Pre-Hearing Conferences with Parties to enlist buy-in from all stakeholders

  • Use of Jointly Retained Technical Expert to establish Remediation Scope of Work, and Approve Remediation

  • Defaulting Contractor permitted to perform Remediation Scope of Work

  • Mediator as Standing Neutral to monitor compliance with Settlement

  • Case initially filed as Demand for Arbitration with AAA

  • Parties agreed to Med-Arb Process to resolve multiple disputes, remaining issues to be Arbitrated

  • Mediator, as Standing Neutral, held funds in Escrow and disbursed according to Settlement Agreement

  • Parties used Jointly Retained Neutral Technical Experts

  • Mediation required as a condition precedent to filing suit

  • Dispute between Specialty Contractor and Installer over delay claims, changed conditions

  • Use of Two-Stage Mediation Hearing format

  • Sample Data Sets used to evaluate claims in lieu of extensive discovery

  • Multi-million dollar settlement, 52 days start to finish

  • Indemnity Action against Auto Supplier resulting from Manufacturer Recall

  • During Pre-Hearing conferences, Mediator requested that both parties investigate whether there were unresolved issues or disputes that might exist within other divisions of the multinational companies

  • Mediation provided opportunity for resolution of multiple unresolved claims and disputes, none of which were related to the the litigation

  • Creative Solution  provided “value” to each party sufficient to resolve litigation

  • Examples of  Discovery Options available in Mediation

  • obtaining Information from Experts

  • Obtaining Information from Non-Parties

  • Obtaining Information from Parties

  • Breach of Contract for Commissions on Real Estate Development;

  • Overlapping business dealings with third parties;

  • Mediator suggestion to include non-party as key to settlement of multiple lawsuits.

  • Early Case Mediation with voluntary exchange of information managed by Mediator

  • Joint Mediation session with “For Mediation Purposes Only” presentations by non-party and telephone conference with Expert Witness

  • Creative Business Solution

  • Breach of Contract for Non-Payment

  • Future Commissions retire debt