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September 28, 2020
Pre-Mediation ConferencesAre you effectively utilizing them as a part of the mediation process?I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. In other cases — typically where the facts or the law are...
Don’t Take “Special” for GrantedMy posts typically deal with insights I’ve gained in my career as a mediator. That said, mediation is what I do. It’s not who I am. I’m a son, a husband, a father, a grandfather, a friend, a lawyer, a partner, a Christian — and so many...
One of the things I enjoy most about my job as a mediator is the flexibility inherent in the mediation process I utilize.Most of my readers are lawyers. Many of you are litigators — for whom mediation has become a preferred tool for resolving most of your cases....
When is a case ripe for mediation?I’ve successfully mediated cases before suit was filed; after suit was filed, but before any discovery was conducted; after discovery was completed; while a jury was deciding a case; and while a case was on appeal.It’s not just about...
Regardless of the hat I’m wearing at the time — mediator, litigator, friend, brother, husband, father, and now grandfather — I struggle with the desire to be right. Always right.I recently read a post on the Mediate.com blog by Loraine Segal entitled The...
Decision tree analysis is a valuable tool for evaluating settlement options in mediation. It’s a tactic we employ with even the most mundane decisions. For instance, as we consider crossing a busy street, we’re unconsciously weighing the “reward” of being across the...
I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which...
I mediate a wide range of disputes — from automobile accidents, product liability claims, death claims and construction disputes to dissolution of business and professional practices, will contests, contract disputes and medical liability claims. I even occasionally...
As I mentioned in another post, I recently served on a panel of mediators — with Phil Adams, Randy James and Harold Stephens — at the Alabama State Bar’s annual meeting.Harold likened mediation to an “American Ninja Warriors” competition (referring to the popular NBC...
Those of you who hunt have surely seen the logo for the gear with a large antler rack and the words Size Matters. I recently heard an E.D. advertisement claiming, as part of their product pitch, that Sex Matters. My variation on these themes, in mediation and...
You thought mediators were neutral? Well, they are. Or should be. I’m talking about how you can get a mediator to work for you, and help you accomplish your goals. (NOTE: For the sake of readability, I’m going to assume the mediator, like me, is male).The answer to...
In another post, I discussed forces that impact our judgment in valuing cases.Today I want to discuss forces that negatively affect our ability to negotiate cases; forces which, It’s important to note, generally influence us subconsciously. Parties aren’t even aware...