The Weinstein Melnick Team Approach
Large, complex civil disputes have a sprawling nature. They can involve numerous parties and legal issues, and resolution of these matters can be delayed or derailed without vigilant monitoring and attention to detail. Based upon his years of experience mediating multinational, high-profile, high-stakes disputes such as those related to Enron, Adelphia, Parmalat, WorldCom, and others, Judge Daniel Weinstein has pioneered a team approach to mediation.
The Weinstein Melnick Team’s mediators are experienced attorneys, legal scholars, and neutrals. The Team is led by Jed D. Melnick, Esq. and Judge Daniel Weinstein (Ret.), founder of JAMS, the world’s largest provider of mediation and arbitration services. Together, The Weinstein Melnick Team has mediated and resolved disputes with aggregate values in the billions of dollars.
FLEXIBLE AND RESPONSIVE
By engaging The Weinstein Melnick Team, parties will have the benefit of the Team’s collective expertise in a wide range of sophisticated legal issues, including securities, anti-trust, intellectual property, international, entertainment, and insurance law. In addition, the team approach to mediation ensures a level of flexibility and responsiveness that a single neutral can’t provide. While Judge Weinstein remains involved in all of the mediation’s strategic decisions, members of The Weinstein Melnick Team can fly on a moment’s notice to meet with the parties in person, or drop everything to focus on a specific detail that can change the outcome of a mediation.
A COMPREHENSIVE MEDIATION PROCESS
When a new case comes to The Weinstein Melnick Team, a case manager reviews a case description and counsel list with team members so that the most effective combination of professionals can be assigned to a matter. A team member will then collect information about the case, set a briefing schedule, and speak with counsel to identify any issues that require advance work; the goal is that all face-to-face sessions are efficient and productive.
A team approach during the pre-mediation process often leads to the resolution of issues that might otherwise impede progress during the mediation session. For example, advance work might demonstrate that the parties are divided by a “battle of the experts” on damages. With the permission of the parties, The Weinstein Melnick Team might consult with a neutral economist for the benefit of the parties. Or work with insurers before the mediation to facilitate an exchange of information. Whatever the situation, The Weinstein Melnick Team will monitor the exchange of documents protected by the confidentiality of the mediation privilege, ensure that necessary parties will be at the mediation table, and address the concerns of the parties prior to any in-person sessions.
Once an agreement is reached, The Weinstein Melnick Team continues to monitor the settlement process to make sure it proceeds smoothly and efficiently. The goal is to create a strong and lasting agreement through an efficient and effective mediation process.