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What’s going on over there? I am often asked questions akin to, "What's going on in the other room?"  The "other room" is your counterpart in the process of mediating. ... Read More

Mediating in Mayberry North Carolina lost its favorite son earlier this year when Andy Griffith died at the age of 86.  Griffith starred on The Andy Griffith Show ... Read More

"The Principle" May Very Well Play a Role in Achieving Resolution Understanding of the facts and legal principles of a particular case is only half of the equation of mediation.  An understanding of the personal... Read More

Discovery Violations May Lead to Rescission of Mediated Settlement Agreements It requires no citation of authority to say that the law favors settlements.  Yet settlement agreements are contracts and, as such, are subject to... Read More

The Challenges of Mediating in Probate (Part 1) My last few posts have concerned “endgame” tactics to break a mediation impasse.  While I have more to say on that subject (particularly “ baseball... Read More

Ten Values For Designing a Mediation Through Pre-Mediation Communications As mediators we want to do our best to give the parties and their counsel value for their mediation day to either resolve their case or to achieve a... Read More

Is Baseball Arbitration a Viable Mediation Endgame? My last two blog posts have discussed “endgame” tactics to break a looming mediation impasse.  One such tactic is the “ Dutch Auction ”; another is... Read More

Traits of the Effective Mediation Advocate By and large, the attorneys with whom I am privileged to mediate are good at what they do.  They persuasively advocate for their client, they give... Read More

Early Mediation Anyone? In general, the benefits of mediating a dispute to a successful conclusion are greatest when done early.  In meaningful cases, since success is only... Read More

CHALFONTE REDUX I recently wrote about the Supreme Court of Florida’s opinion in Chalfonte Condominium Apartment Association v. QBE Insurance Corp. , holding... Read More

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