Florida Mediator Asks, ‘Can We Talk?’
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”.
Mediation: Quick-Cooking Can Be as Good as Traditional
UWWM Principal Michael S. Orfinger
When I was growing up, there was amidst our pots and pans a pressure cooker. This was indeed a…
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…
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…
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 legal dispute. If he had, I doubt his philosophy would have worked. In my last post, I suggested that an apology from the party or parties perceived to be at fault could help ease the strain of monetary negotiations, or pave the way for future business relationships. I cautioned, though, that there are right and wrong ways to apologize, and I’d like to expand on that thought here.