“How Clients Think: The Brains Behind Decision Making”: Click the photo to download the white paper.

This series of blog posts about how clients make decisions may help in guiding a client before, during and after a mediation.

Some of the peculiarities of decision making can be explained at least in part by neuroscience, which had its roots not so much in the observation of everyday decision making, but in the observation of aberrant behavior.

Neuroscience is defined as a branch of the life sciences that deals with the anatomy, physiology, biochemistry, or molecular biology of nerves and nervous tissue and especially with their relation to behavior and learning. It began in 1848 as a result of a terrible work-related accident suffered by railroad construction foreman Phineas Gage. Gage had a metal rod stuck in his skull, yet survived. Post-accident he was a completely different person – rude, vulgar, and socially inappropriate.

Scientists studying Gage determined that there was a correlation between the damaged areas of his brain and his altered behavior.

Now, we can explore the cognitive biases that have been well established by research in the field of behavioral psychology since Gage’s time, delving into the discipline of neuroscience and looking into the effects of intuition, emotion, and mood on decision making. We then will examine left- and right-brain functions and the differences in how the two hemispheres process information. Finally, we will offer strategies or interventions to help you and your clients engage in better decision making.

Next: About cognitive biases. To download Michelle Jernigan’s white paper,  from which this blog series is excerpted, click here.

 – Lynne Truss, Eats, Shoots & Leaves:
The Zero Tolerance Approach to Punctuation (2003)

Michael S. Orfinger

Okay, perhaps the punishment Ms. Truss proposes for misplaced apostrophes (and her strident indignation over poor punctuation) is a bit over the top.  But her point is well taken because, as the joke whose punchline is “Eats, shoots & leaves” illustrates, punctuation can change the entire meaning of written language.

The Fourth District Court of Appeal recently confronted an “apostrophe-challenged” offer of judgment in Bradshaw v. Boynton-JCP Associates, Ltd., et al., 38 Fla. Law Weekly D823(a) (Fla. 4^th DCA April 10, 2013).  The district court reversed an award of attorney’s fees pursuant to an unaccepted offer of judgment because the placement of apostrophes in the offer rendered it ambiguous as to whether it was made by single or multiple defendants, and directed to single or multiple plaintiffs.  The document was titled “Defendant’s Joint Proposal for Settlement”.  It required “Plaintiff’(s)” to execute a stipulation, and further required “Plaintiff’(s)” to release “Defendant(s).”  In finding the proposal for settlement ambiguous, the Bradshaw court relied on Florida Supreme Court precedent holding that Fla. R. Civ. P. 1.442 required a settlement proposal to be “‘sufficiently clear and definite to allow the offeree to make an informed decision without needing clarification.’”  Id. (quoting State Farm Mut. Auto Ins. Co. v. Nichols, 932 So. 2d 1067, 1079 (Fla. 2006)).  Interestingly, the Bradshaw court pointed out that whether it was fair or logical to apply the specificity requirements of Rule 1.442 was not the relevant inquiry.  The facial ambiguity created by the stray apostrophes was sufficient to invalidate the offer.

Despite the courts’ encouragement of settlements, Bradshaw is yet another example of how proposals for settlement often increase rather than reduce litigation.  In a computerized age, forms and templates are the lifeblood of an efficient law practice.  But just as bacteria can infect blood, rogue punctuation can infect a document, sometimes with incurable results.

Presented by: Sandra C. Upchurch and Ed Thompson

May 7, 2013

Download this Webinar.

Please note, the audio goes silent for a brief portion of the video. Click to view the video clip:
Death by PowerPoint

A reminder: To view the Webinar video, you may need to install the GoToMeeting Codec first, located here:

Codec

Mediation Panelist Sandra Upchurch

Learn tips such as what types of cases lend themselves to effective use of PowerPoint in your opening statement, what the best uses are for illustrating important facts and evidence and presentation strategies that are sure to be persuasive.

An added feature of this seminar is 1.5 hours of complimentary CLE.

Some things work, some things do not, and some things are just ridiculous. Ed and Sandy promise you will be itching to get back to your desk to give PowerPoint a spin for your next mediation. They also promise a laugh or two along the way.

This teleconference is proudly sponsored by the Upchurch Watson White & Max mediation group and the University of Florida Levin College of Law Institute for Dispute Resolution.

Space is limited. Reserve your Webinar seat now at: https://www2.gotomeeting.com/register/538630362

Title: “Mediation Advocacy: Putting the Power in PowerPoint”

Date: Tuesday, May 7, 2013 Time: 10 am – 11:15 am EDT After registering you will receive a confirmation email containing information about joining the Webinar. System Requirements:

• PC-based attendees: Windows® 7, Vista, XP or 2003 Server

• Mac®-based attendees: Mac OS® X 10.6 or newer

• Mobile attendees: iPhone®, iPad®, Android™ phone or Android tablet

Catherine Klasne

“We are pleased to welcome Cathy to the UWWM staff to help us achieve our ever-evolving marketing goals, expand and heighten our Internet visibility and secure the continued success of the firm,” Administrator Patti Moten said.In 2012, Klasne earned her master’s degree in business administration at the University of Central Florida, concentrating in marketing with an emphasis on project management. Before coming on board at Upchurch Watson White & Max, she completed an internship at Florida Hospital Memorial Medical Center in Daytona Beach, held a position as a public relations specialist for a local marketing firm and worked for The Daytona Beach News-Journal for 19 years as a features editor and writer. She is the mediation group’s in-house social media expert – regularly posting to LinkedIn, Facebook and Twitter for the firm and panel members – and is assisting with Website postings and updates, as well as conventional news releases. As the firm continues to present complimentary Webinars, helping litigators in Florida to achieve continuing legal education credit, Klasne will assume administration duties. 

Plans include establishing an online video presence for the group, the next step in its digital marketing efforts.

About Upchurch Watson White & Max

Upchurch Watson White & Max is a Florida- and Alabama-based professional association of more than 20 mediators. Our team of conflict resolution specialists practices in a wide range of alternative dispute resolution disciplines. Areas of practice include business mediation, arbitration, e-discovery mediation, and niche services such as multi-party, complex, malpractice and class action mediation. On the Web: www.uww-adr.com.

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P R E S S  R E L E A S E

Upchurch Watson White & Max
125 S. Palmetto Avenue
Daytona Beach, FL 32114
800-264-2622
Catherine Klasne (cklasne@uww-adr.com )

• Principal and shareholder Michael S. Orfinger was the primary trainer for the Appellate Mediation Certification course at the University of South Florida Conflict Resolution Collaborative in Tampa on April 12. This is the third year Mr. Orfinger has served in this capacity for the collaborative. He is based in Daytona Beach but mediates and arbitrates throughout the state.
• Mr. Orfinger also presented a teleconference on April 18 for the National Business Institute and Institute for Paralegal Education, teaching the latest civil mediation tactics. He designed the program, “Effective Strategies for Mediation Advocates – How to ‘Win’ the Mediation,” for civil attorneys but said that paralegals also could benefit from it.
• Robert A. Cole, mediation counsel, spoke on professionalism and civility for the 19th Circuit Bench Bar Conference in Port St. Lucie on Friday, April 12. Mr. Cole was the first speaker of the day, giving a talk subtitled “The New Oath and You.” All of the bar associations of the 19th Judicial Circuit and Florida Rural Legal Services presented the conference at the Port St. Lucie Civic Center. Mr. Cole, who is based in Jacksonville, Fla., and mediates throughout the state, said there were about 150 attendees.
• Mr. Cole also spoke on effective mediation planning and strategy in Orlando on April 26.  With Daniel Kissane, he presented “Negotiation 101: Don’t Just Attend Your Next Mediation – Win It” at an afternoon breakout session of the Cole Scott & Kissane PA “School of Claims” Seminar. Mr. Cole reported about 600 seminar attendees.
• Mediation Panelist Sandra C. Upchurch met with a group of litigators in Orlando on April 24 to network, share foreclosure mediation stories and present a program titled “Life After Foreclosure Mediations: Mediation Advocacy and So Much More.”
• Shareholder Kimberly Sands presented “Ethical Issues in Negotiation and Mediation” at the Palm Beach County Bar Association Golf Mixer & CLE on April 26. The one-hour seminar included the seven elements of negotiation, including the best alternative to a negotiated agreement, and negotiation tactics and responses.

About Upchurch Watson White & Max

Upchurch Watson White & Max, a nationally leading mediation specialty firm, is known for facilitating reasonable agreements to resolve complex issues. From five offices in Florida and Alabama, Supreme Court certified attorney mediators with wide-ranging specialties serve as a court-appointed and privately employed mediator, arbitrator and third-party neutral case managers, implementing innovative methods of alternative dispute resolution across the country. On the Web: www.uww-adr.com.

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P R E S S   R E L E A S E
Upchurch Watson White & Max
125 S. Palmetto Avenue
Daytona Beach, FL 32114
800-264-2622
Catherine Klasne (cklasne@uww-adr.com )