May 2012 Blog Archive

How does the mediator make sure the person has authority to settle? While the mediator can ask about authority, the mediator can’t “make sure”.  The person at the mediation may have sufficient authority, or may not... Read More

Who Should Pay for Mediation? Mediation for a group of county commissioners is going ahead, but who will pay for it depends on who is participating. Three board members announced they would reach into their own pockets to pay their share, saying arguments among commissioners smac... Read More

MAY SPEAKING ENGAGEMENTS Mediation panelist and 7 th Circuit’s Board of Governors’ representative, Sandra C. Upchurch ,(left) represented The Florida Bar at the May 8 th... Read More

Mediation creates options during 'breakups' "Breaking up is always hard to do, but it is very possible that it is hardest when you're breaking up with your business partner," David Mielach writes in his article on "divorce of the business kind." Attorney Richard Lord agrees, and remarks on th... Read More

Community service & the legal community There is a historical relationship between the legal community and Big Brothers Big Sisters. Their legacy was acknowledged and praised at a recent meeting of The D.W. Perkins Bar Association. Grant monies help, but the need continues to grow. UWWM ha... Read More

What contributes to a successful mediation? The Kennebunkport Conservation Trust has hired an attorney to assist in mediation efforts, as work continues on settling the Goose Rocks Beach... Read More

ABOUT APOLOGIES ~ PART II “Never apologize and never explain – it’s a sign of weakness.” John Wayne “An apology is the superglue of life. It can repair just about anything.” Lynn Johnston With all due respect to The Duke, I don’t think he ever tried to mediate a lega... Read More

New Florida Lawyers – Can we Talk?
New Florida Lawyers – Can we Talk? I attended the 5th DCA swearing-in ceremony on Tuesday, May 8 and The President of The Florida Bar, Scott Hawkins, asked me to address the group on... Read More

Proactive mediation more helpful than reactive A University of California report released May 4th recommends mediation over law enforcement, and better training for school police, after the... Read More

E-discovery: a new game that’s changing the rules As e-discovery becomes more expensive, time consuming and pervasive in litigation, and presents a new range of ethical pitfalls, education in the e-discovery field is of paramount importance. Read More

When one party does not act in good faith
When one party does not act in good faith We hear this often from counsel and clients: “They are not negotiating in good faith.” Typically it reflects a frustration with the negotiation strategy or evaluation of the claim by the opposing party. Read More

Florida Bar flooded with foreclosure complaints Since the fall of 2010, almost two years ago, the Florida Bar has fielded nearly 1,400 complaints against attorneys relating to the housing crisis, an unprecedented amount... Read More