ADR CORNER
ADR CORNER
What Scheduling May( Or May Not) Reveal About Mediation Parties( Continued)
NELSON EDWARD TIMKEN
By paying close attention to the nuances of the scheduling process, mediators and parties can gain a better understanding of the dynamics at play and prepare for a more effective mediation session. At the same time, mediators must remain objective and avoid making premature judgments based on scheduling interactions. In essence, the scheduling phase should be treated as a preliminary stage, not a definitive predictor of the mediation ' s outcome. The true nature of the parties and their willingness to resolve the dispute will become clearer during the mediation itself.
Nelson Edward Timken is a mediator, arbitrator and special master. He spent 30 years in the New York State Court System as a Principal Law Clerk( 1994-2023). He mediates numerous business disputes, contractual and licensing disputes, high-value commercial division cases, business break-ups, premises liability, labor law section 241, construction delay and nonconforming work and extra-work matters, employment and wage matters, real estate disputes and many more. He is a member of the New York Statewide Mediation Panel( Part 146), a Florida Circuit Certified Mediator, and a New Jersey Rule 1:40 Qualified Mediator on the Roster of Court-Approved Civil Mediators. Furthermore, he has been a FINRA Chairqualified arbitrator since 2018.
For additional ADR tips and resources, go to www. palmbeachbar. org / alternativedispute-resolution-committee.
PBCBA BAR BULLETIN 11