Monthly Archives: November 2016

Secrets to Successful Trade Secrets Mediation in Houston TX

Trade Secret

Trade secrets mediation in Houston Texas is often difficult because it involves a great degree of distrust between the parties.  However, trade secrets mediation in Houston Texas often provides better results than litigation that is time-consuming and costly, so it is important to follow these guidelines to help make your experience with mediation a successful one:

Mediate Early

In trade secrets cases, it is important to mediate the dispute as early as possible.  Mediation is confidential, so nothing said during mediation can be disclosed.  Additionally, it is private unlike the nature of a public courtroom.  Mediating early can help prevent the public disclosure of confidential information and may help resolve issues where this information is being misappropriated.

Be Open to New Ideas

Courts are rarely creative with their rulings.  However, mediation does not have to be bound by the traditional rules by the court.  Parties may be able to think about creative solutions to their legal issues, such as licensing deals or restrictive contracts.

Bring Settlement Authority

It is vital that if a settlement is reached during mediation all parties necessary to authorize the settlement must be present during mediation.

Carefully Select a Mediator

Choose a mediator who has ample experience in trade secrets cases.  A mediator working on a case of this nature can explain that even if a party was successful in acquiring a temporary restraining order does not mean that he or she will be successful in obtaining an injunction or damages.  A mediator who has experience in this realm will also provide greater credibility to the process.

Effective Communication Strategies in Construction Mediation in Houston TX

Construction

Construction mediation in Houston Texas can often help parties embroiled in an issue related to a contract or construction project to work out their differences and move on with their relationship.  However, to make the most of construction mediation in Houston Texas, it is important that the parties and the mediator demonstrate effective communication strategies.

One effective method to employ during mediation is to demonstrate curiosity.  Having a natural interest in what the other person is saying and how he or she perceives things can help establish trust and respect in the mediation setting.  Demonstrating curiosity helps individuals have a deeper understanding of what motivates others and what their interests are.  Curiosity identifies key information to help resolve the dispute.  Demonstrating curiosity also helps the parties to express their own ideas and beliefs.

Another effective strategy is to restrain one’s own ego in order to learn more about the other side.  If the party can ignore any perceived slights, fight off the instinct to defend himself or herself and truly focus on what the other party is saying, information can be expressed in a manner that illuminates greater detail.  This strategy can provide important insight into the motivations of the other party.  People have an intrinsic need to tell their own story, and this strategy allows them to do that.

Finally, requesting feedback from the other party can help re calibrate expectations and move the parties closer to a resolution.

Delivering an Effective Opening at Contract Mediation in Houston TX

Contract Mediation

After the mediator explains his or her role as a neutral facilitator, the confidentiality of the process and the ground rules for contract mediation in Houston Texas, each party is then given the opportunity to provide an opening statement.  This statement demonstrates the different perspectives that each party has and the interdependence that the parties have on each other to successfully conclude contract mediation in Houston Texas.  An effective opening statement sets the tone for negotiation.

The opening statement advocates for the client’s position and interests.  It explains his or her point of view regarding the legal issues in the case.  If the parties spend most of their time in private caucus, the opening statement can emphasize the client’s point of view and deliver a message that will resonate throughout mediation.

One effective way to deliver a message is to have empathy for the other side.  When a party blames the other, is argumentative or otherwise seems unreasonable, the opening statement may only serve to further polarize the parties.  However, if the party is able to express positive things about the other party and truly empathize with his or her plight, the opening statement is more likely to set a positive tone for mediation.

 While litigation involves an adversarial process, mediation is supported by a cooperative spirit between the parties.  An effective opening statement can discern a party’s inherent need to defend themselves and replace an adversarial feeling with mutual respect.

Presenting Your Client at Personal Injury Mediation in Texas

Personal Injury

Personal injury mediation in Houston Texas is being increasingly tapped into as an effective case settlement tool.  Parties to legal disputes, including those involved in personal injury cases, recognize the tremendous benefits of being able to resolve legal claims in a private setting in a faster manner and with fewer legal costs and fees.  Part of the process of personal injury mediation in Houston Texas is to present each party.  This gives the other side a glimpse into how the client would appear in front of a jury.

Experienced legal counsel understands that a significant part of the mediation process involves presenting the client and not just the case.  In order to make the best impression, it is preferable to prepare the client before the mediation so that he or she can play a strategic role in the general session.  If the client was injured in an accident, he or she is in the best position to explain the impact of the accident, including the health impact, how the accident affected the client’s job and how it changed his or her life.

This information is best communicated firsthand from the client rather than through a lawyer who will not be as passionate about things as the person who directly had to deal with them.  Presenting a client in this vulnerable state can allow the other side to see how the person might present to a jury and the emotional impact his or her testimony might have.