November 15, 2017 Practice Points

Court Rejects Proof of Ill-Will for Bad Faith Claims

The Pennsylvania Supreme Court has issued a decision that, for the first time, endorses a test for bad faith

by Andrew J. Kennedy

Jeff Kichaven: While every case is unique, I presumptively have joint sessions. I know other mediators don’t. Sometimes I think I have more joint sessions than all the other mediators combined. Turns out lawyers like them. That’s because we go in prepared to generate progress.

We don’t have old-fashioned “plenary” joint sessions where everyone hurls firebombs. We have joint sessions with narrow, focused agendas. After I read the mediation briefs, I call the lawyers to focus on the central issues and narrow our agenda to just those issues. In the joint session, we stick to the agenda. I ask lots of questions. Well-prepared lawyers welcome them.

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