In this podcast, JAMS neutrals Hon. Wynne S. Carvill (Ret.) and Robin H. Gise, Esq., explore the factors that contribute to a successful mediation and the pitfalls that can impede the dispute resolution process. To start, they share their thoughts on the importance of timing and the exchange of information to help support the flow of mediation and then discuss the importance of managing unrealistic expectations and articulating proper risk assessment. Judge Carvill and Ms. Gise also exchange views on common assumptions made—sometimes incorrectly— by parties about mediation and the counteroffer process. The neutrals conclude with high-level insights on the “bigger picture” of the mediation process and avenues for moving the focal point away from just the desired dollar amount.
