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7 Proven Steps to Start Creating An Excellent Mediation Brief

Attorneys receive lots of training and spend countless hours practicing to prepare winning appellate briefs, arguments, and summary judgment motions. With that said, it’s important to also focus on mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.

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Arbitrating in the Age of Zoom

The new norm of social distancing, and a recent decision out of the Eleventh Circuit Court of Appeals, are changing the way arbitration are conducted. Now is the time to update the arbitration provisions in your contracts to take advantage of these changes the next time you have to arbitrate a dispute.

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The Simple Act of Kindness in Mediation

Last weekend was Father’s Day and I took note of two stories that seemed useful in mediation. The first, was on CBS Sunday Morning where the editorial piece reflected upon how student athletes, from Little League through College, end each game, however hard fought, with a handshake and a “high five”. 

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Orchestrating Settlement: A Symphony of Sound and Color

This fall I attended one of the outdoor concerts by the Los Angeles Philharmonic Symphony at the Hollywood Bowl. It was a spectacular affair—beginning with the wonderful sounds of classical music and ending with a fantastic light show.  The concert featured a local university marching band as well as a guest appearance from a world renowned cellist.

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The Times they are a Changin’

When trawling the annals of the internet, you never know what you will find. But, every so often you stumble across a gem. Buried in the BBC archives, my scattershot googling led me to this: The Search for Agreement – Mediation (2000) on the BBC World Service, Global Business….

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The Need For Preparation!

everal times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared….

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Detachment

I had a bizarre mediation the other day. As usual it was a lemon law matter but this time it involved both the manufacturer and the dealer. Unlike many other instances, the manufacturer did NOT agree to have its counsel also represent the dealer or to indemnify the dealer….

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Control

“God, grant me the Serenity To accept the things I cannot change… Courage to change the things I can, And Wisdom to know the difference.” (The Serenity Prayer)….

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