Dispute Resolution Section Blog | Dispute Resolution Section

This blog covers topics on a wide range of interest in the field of dispute resolution. Topics include discussions on all aspects of mediation. Published by the State Bar of Wisconsin's Dispute Resolution Section.

This section encourages lawyers, courts, and the public to embrace the variety of dispute resolution methods which offer an alternative to litigation. Members train mediators and arbitrators, and teach lawyers how to serve as advocates in related contexts. They also provide career support to practitioners which includes assistance in the development of dispute resolution techniques and networking with other dispute resolution professionals.

Members of the State Bar of Wisconsin may join the section by visiting https://www.wisbar.org/formembers/groups/pages/join-a-group.aspx (login required).

Section website: https://www.wisbar.org/formembers/groups/sections/DisputeResolutionSection/Pages/Home.aspx

Latest from Dispute Resolution Section Blog | Dispute Resolution Section - Page 2

Typically, the life of a mediator is more of a monastic experience. However, certain legal disputes may be better handled by two neutral parties working together to help the case reach a resolution. There are many cases that involve multiple parties (i.e., 5-20), a significant factual complexity, and technical knowledge, which would benefit from two mediators with different skill sets working together in a co-mediation. com rwagner vonbriesen Roy E. Wagner, Marquette 1978, is a shareholder and Construction Law and Litigation Section chair at von Briesen & Roper, S.C., Milwaukee. His practice includes mediation, arbitration, and litigation. Since my…
As attorneys encounter more family disputes, mediation should be considered before a contested guardianship. After practicing elder law for 26 years, I’ve noticed a troublesome trend: a sharp increase in contested guardianships. Based upon comments of colleagues and on elists, this increase is ubiquitous. When Elder Guardianships Become Contested It is troubling that these disputes happen, although it is evident that significant preplanning was done. These cases usually arise when a parent becomes mentally incapacitated and children are now involved as caretakers. Often the parent did everything right before incapacity set in, executing thoughtful financial and health-care powers of attorney…
Given that nearly all cases settle short of trial, lawyers should constantly evaluate the best way to resolve a matter. Decision Tree Analysis A decision tree analysis is one of the most common ways to value a case. In the simplest form, you consider the most likely verdict multiplied by the percentage chance of that verdict. This gives you the “expected value” of litigating a particular matter. The expected value of litigating a matter is the average value of taking a course of action many times. Two Examples Let’s imagine that Pat is the plaintiff in an employment matter. The…
I play Sudoku, a Japanese numbers game with nine blocks of nine squares, where you fill in the numbers one through nine with a different number in each row, column, and block. In playing the hardest puzzles, there typically comes a point where there does not seem to be an obvious number to be filled in. I reach impasse with the puzzle. Time being what it is, I set the puzzle down and go on with my day. Almost invariably, when I pick it back up, there is a relatively obvious number to be filled in that I cannot believe…