The Power of Principle, Part 2
Under the circumstances, my ethical and professional obligations are obvious, at least to me; confront the immovable forces with a discussion which assures that the decision-making is informed. This means (1) Trying to get the parties what they want; failing that, (2) Exploring the options available; and (3) Always making sure decisions are informed and consistent with self-determination. For my efforts, I may receive a little bit of “shoot the messenger.” Defense counsel may not agree with my observations in mediation. Fair enough; however, this is sort of the point when the alternative is turning decision-making over to others; you may get a decision you don’t agree with; at least my observations can’t hurt you.
The Power of Principle, Part 1
I recently had the pleasure of moderating UWWM’s webinar, “The Seven Deadly Sins in Business Negotiation” featuring UWWM’s neutral Judi Lane. I was very happy to do so. I had previously mediated for Judi many times and had great respect for her as an attorney and as a negotiator. She also always demanded the most of me as a mediator. When she joined UWWM, she and I continued our exchange of thoughts and experiences with respect to mediation strategy and negotiation. I continue to learn a lot from her and, I hope, she from me. A common subject that always surprises me, although perhaps shouldn’t after so many years, is the extent to which a human element drives many business negotiations.
Wrapping up a Hot Summer with a Cool JADC Retreat
I recently had the pleasure of attending the 2015 annual retreat of the Jacksonville Association of Defense Counsel at the Ritz Carlton on Amelia Island. Not only was the location a treat, but also the program, moderated by Boyd & Jenerette appellate attorney Kansas Gooden, was as good as any I have attended. UWWM was a sponsor of the event. UWWM Shareholder Bob Cole spoke on recent trends in mediation and ADR, including proposed amendments by the Florida Bar ADR Rules and Policy Committee currently under consideration by the Florida Supreme Court.
5 Tips for Strategic Negotiation
Recently, I addressed members of the Florida Justice Association at its annual Workhorse Conference in Orlando, Fla. The presentation was titled “Deconstructing Mediation: Finding Leverage and Maintaining Tactical Advantage in Mediation.” The conference was aimed at trial attorneys who focus primarily on representing claimants, having expanded over the years to include a variety of substantive areas of law. I have delivered similar presentations to a variety of groups over the years, which I will summarize as my “Tips for Strategic Negotiation”:
Return to Civility: How to Communicate More Effectively in Today’s Professional Environment
I recently had the great pleasure of joining Donna DeVaney Stockham, a principal with Stockham Law Group, and Michael Parker, a shareholder in the law firm of Marshall Dennehey Warner Coleman & Goggin, in a panel discussion titled “Return to Civility: How to Communicate More Effectively in Today’s Professional Environment.” The presentation was made at the annual WINDSTORM Conference, this year in New Orleans, La. WINDSTORM Insurance Network, Inc., is a professional organization dedicated to providing education and training and promoting a cooperative dialogue among professionals concerned with first party property insurance issues.
Getting to a Decision-Maker; What’s Changed Since Rule 1.720(e), Fla. RCiv. Pro.?
I don’t think anyone expected Rule 1.720(e), to resolve all issues concerning authority to settle at mediation. The Rule requires the service of a statement executed by counsel or a party identifying the representative attending the mediation on its behalf having full authority to settle without further consultation with respect to all issues presented by the case and with the legal capacity to execute a binding settlement agreement on behalf of the party. [See Rule 1.720(e), Fla. R. Civ. Pro.] The undisputed benefit of the Rule is that it requires some degree of forethought and preparation by the parties and their attorneys prior to mediation. It also eliminates two steps in the process of seeking sanctions
Mediator: Unfolding NFL Events Point to a Way Everyone Can Win
Watching the NFL, ESPN, and other news agencies stumble through the Ray Rice incident and the mayhem that has ensued ironically may demonstrate how useful a professional neutral can be in many situations that don’t present as traditional “disputes.” In the midst of watching the issue of domestic violence as it unfolds within the sports community, two surprising voices have emerged.
Florida Mediator Asks: Does Jury Verdict Research Have Any Role?
For decades there have been databases that purport to predict settlement and jury verdict values based on known factors – liability, injury, expense, disability, venue, etc.; however, most practitioners feel there has never been a methodology more reliable than the judgment of an experienced trial attorney. In 2008, the Review of Law and Economics published an article in which the authors analyzed jury verdicts in drunk driving cases in order to determine the factors affecting recovery. The results would not be surprising to a trial attorney.
Florida mediator takes fresh look at domesic-violence perspectives
In Florida, all certified mediators must take a course in domestic violence every two years to satisfy our continuing education requirements. I have to say it irritates me to no end. Every two years? Can’t I take a test and opt out of it? Really, I get it! Unfortunately, no matter how burdensome the experience, the topic is obviously of sufficient importance that mediators and many other licensed professionals must also satisfy these requirements. Is it really so misunderstood or is this one way to acknowledge the importance of the topic?
Florida Mediator Kimberly Sands Asks, “What Is ‘Lean In’?”
Lean In is the brain child of Facebook COO Sheryl Sandberg. Anyone who has not seen her TED Talk on YouTube should do so as it succinctly states the mission of the book and the groups that have developed in response to the book. There are other effective women lawyers’ associations that have emerged over the past 25 years as women have become more prevalent in the profession. These groups are really no different from the various committees that evolve from professional associations to address issues of common interest. Lean In addresses the challenges working women experience and offers positive solutions for complex problems, in particular through the power of negotiation. It is therefore a natural area of interest for a firm devoted to mediation and other forms of dispute resolution.