Eric Ivary, Esq. Resume - ADR Services, Inc.

Eric Ivary, Esq. Resume - ADR Services, Inc. Eric Ivary, Esq. Resume - ADR Services, Inc.

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12.07.2015 Views

Eric Ivary, Esq.Resume – Page 4 of 4My assumption in mediation is that the parties are there to get their case settled, not justhave a discussion or use the process as a discovery vehicle. I view the process as a“time out” from the litigation and an opportunity to indentify the REAL case.For mediations, there is no record of course and I work with little formality. As long asthe attorneys agree, anyone can speak, not just the lawyers. I insist on civility but I amvery sensitive to what the parties themselves want the process to be.I discourage “opening statements” and oral arguments. My theory is that the briefsshould adequately cover the parties’ legal positions and opening statements andarguments only reinforce entrenched positions and don’t help settle cases.In my opinion, mediation should not resemble what we experience in court. Trial isalways an option if you don’t settle your case. I don’t try to tell the defense about the“cost of defense” or tell the plaintiffs the “might lose their case”.But most important of all. First and Foremost I’m mediating YOUR CASE. You are incharge of how you mediate your case. I’m just there to help.4

<strong>Eric</strong> <strong>Ivary</strong>, <strong>Esq</strong>.<strong>Resume</strong> – Page 4 of 4My assumption in mediation is that the parties are there to get their case settled, not justhave a discussion or use the process as a discovery vehicle. I view the process as a“time out” from the litigation and an opportunity to indentify the REAL case.For mediations, there is no record of course and I work with little formality. As long asthe attorneys agree, anyone can speak, not just the lawyers. I insist on civility but I amvery sensitive to what the parties themselves want the process to be.I discourage “opening statements” and oral arguments. My theory is that the briefsshould adequately cover the parties’ legal positions and opening statements andarguments only reinforce entrenched positions and don’t help settle cases.In my opinion, mediation should not resemble what we experience in court. Trial isalways an option if you don’t settle your case. I don’t try to tell the defense about the“cost of defense” or tell the plaintiffs the “might lose their case”.But most important of all. First and Foremost I’m mediating YOUR CASE. You are incharge of how you mediate your case. I’m just there to help.4

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