How do Video Conference Mediations work at BAY? | Mar 23, 2020

Our neutrals have come together to show you what you can expect during video conference mediation/ arbitration. What’s needed from you? Your attendance. That’s all. Let our neutrals take care of the rest. Our neutrals are fully prepared to guide you through video conferencing in a way that makes it simple for all parties involved. […]

Why Mediate? | Mar 12, 2020

Many attorneys, and certainly those that have spent much of their careers without the relatively new benefit of mediation as an alternative to trial, often proclaim that mediation is a waste of time. Whether the parties are too entrenched in their positions, or if they simply feel like they will achieve a better result at […]

BAY’s Preventative Measures for COVID-19 | Mar 11, 2020

We at BAY believe in-person mediations are the best way to reach a resolution of a dispute. Furthermore, we have been monitoring the COVID-19 situation and are making accommodations to address potential concerns. To meet those concerns, we are prepared to hold mediations partially or completely by video conference until the issue has been resolved. […]


Pre-litigation mediation is being employed successfully more and more in franchise disputes. Both the franchisor and franchisee have significant interests in resolving disputes early before incurring large litigation costs and completely jeopardizing the existing franchise relationship or the entire franchise system.  Such benefits include (a) finding a collaborative win-win resolution quickly, (b) giving each party […]

How to Mediate When Your Client is Unreasonable | Dec 7, 2018

Back in the 90’s, our firm got a $104 million dollar verdict – counting punitive damages – for the family of a 17-year-old who burned alive in a fuel-fed truck fire. Shortly after the verdict hit the papers, we were preparing another client for mediation in her case. She had been hurt in a car […]

Blindsided at Mediation? | Nov 1, 2018

Part 1: The Blindsider At a recent mediation, the two parties were really far apart on their numbers. After I caucused with both sides, I realized that the defendant knew critical information that the plaintiff did not know. It was no wonder they were so far apart on their numbers! — They were evaluating two […]

Do You Need an Opening Statement at Mediation? | Oct 29, 2018

The last blog post I wrote about whether you should make an opening statement at mediation. I gave four key reasons why you usually will want to make an opening statement. Here’s a checklist to help you decide when to make an opening statement, when you can skip it, and the one circumstance when you […]

Should You Make an Opening Statement at Mediation? | Oct 23, 2018

When I speak at CLE events, the most frequent question is: Should I make an opening statement at mediation? The answer is almost always an emphatic yes. This blog will cover some of the key reasons you will want to make an opening statement.   Reasons to Make an Opening Statement   1. To show […]

7 Things Lawyers Should Bring to Mediation | Oct 18, 2018

  Be sure to stick these 7 things in your bag when you pack up to go to mediation. Number 5 may surprise you – it did me! If possible, bring old-fashioned paper copies of the documents. If you are short on planning time, you can always pull up the documents you need on your […]