When you participate in a mediation as a party, advocate or neutral, you leave a trail. The trail an attorney or party creates within a particular mediation can be used to determine your goal or preferred path to reach that goal. Of course, signs can be interpreted correctly or incorrectly, and goals can change as progress is made or remains elusive. The trail I have in mind, though, is the one you extend each time you mediate, that incorporates your steps and methods within each mediation of which you are a part.Read More ›
Author Howard Marsee brings the sensibilities of a trial attorney and the negotiation skills of a longtime mediator to his practice. To schedule a mediation with Howard, please visit our online scheduling page or call his case manager, Cathy McCleary, at 800-863-1462. I have now mediated more 1,000 cases. In them I have seen the best and worst of negotiators. I offer the following ten bullet points. Much more could be said about any one of them. Many more characteristics could be enumerated. 1. Good negotiators realize that negotiations begin even before they are assigned a case. They jealously cultivate and guard a reputation for candor, fairness, truthfulness, professionalism and a willingness to consider the opposition’s points…Read More ›
The healthiest way to determine home plate is for the parties to negotiate toward it. The good faith negotiating that brings the parties to the ballpark can, likewise, bring them home. The key to this negotiation is mutuality, and the give and take of negotiation creates that sense of mutuality. Black’s Law Dictionary defines it as “reciprocation; interchange. An act by each of two parties; and acting in return.” Where parties act with mutuality, they are able to not only interchange and reciprocate, but also resolve. They can “trot home.”Read More ›
Money is often at the heart of the discussion between a wife and husband who are divorcing. Mediation can offer advantages, but a divorce attorney must know how to bring the parties to the table. Here are a couple of ideas from Sandy.Read More ›
Sometimes, in the business world, mediation presents another invaluable opportunity – the chance for the respective decision-makers to talk directly to one another under the shroud of mediation confidentiality and privilege.
Provided the parties have their emotions in check, I will sometimes ask the principals of corporate parties to meet privately, while I serve primarily as a “fly on the wall”.
At first it appears 773.02 provides all inclusive protection for the equine facility, owners and professionals. However, there is a hole in 773.02 large enough to drive a van of lawyers through. The five words “Except as provided in s. 773.03” practically shreds all the protection afforded in detail in the remainder of the statute.Read More ›