Blog
Among the usual substantive committee meetings and topics were programs on how older attorneys can downsize their practices, advice for young attorneys establishing their practices, and programs on diversity, including race and gender. I was lucky enough to be included on a panel addressing the latter, utilizing a format derived from the Sheryl Sandberg-inspired “Lean In” movement. For those who wish to continue the conversation, UWWM sponsors its own “Lean In” group for litigators in proximity to our Maitland office. For more information, please comment or send us your contact information.
Consignment sales are fairly common when a horse owner decides to sell a horse and entrust the sale to either a trainer or owner of a farm, stable or barn. This simple transaction usually falls apart when a problem arises and everybody realizes they were not a friend just helping out a friend but specific legal entities with certain rights and responsibilities.
Clients must understand terms such as “agent”, “principal”, “fiduciary”, “buyer” and “seller” have extensive legal ramifications. Contractual disputes regarding sales gone bad are more readily resolved if the parties have been provided with the appropriate consignment sale contract for execution.
Disputes within the healthcare system are a reality, and may become more frequent. You have seen it in your hometown no doubt, the signs of consolidation among healthcare providers. You may have been a part of one yourself. We have been in a period of such marriages, partly driven by the competitive advantages of such unions, the economic/reimbursement environment in which healthcare is delivered, and the impact on the practical day-to-day division of labor between and among those in the healthcare fields.
Question:
Is it better during mediation to just be straightforward about where you would like to end up or is it better to ease into it?
Sandy Says:
I believe it is better to ease into it. I think that a certain amount of processing needs to be done by the parties and that processing is cut short by putting it all out there at the very beginning of a mediation.
It’s difficult to reflect back on a contract or transaction that has gone south and not think of what could have been done to prevent this outcome. Hindsight almost always reveals some language or action that could have been different, but looking back rarely contributes to a successful resolution and can in fact impede a satisfactory resolution for all. There are common mistakes in negotiation that can present opportunities for successful negotiation in mediation.
A new post for Equine Law: From the Courtroom to the Tack Room -- We see them at every horse show we attend. Horse trailers by the hundreds; every size imaginable is being used today, from singles to converted tractor trailers. Many of those in the horse industry routinely take their own horses in their own trailers throughout their own state and across state lines. Recently, we've heard of horrific trailer accidents involving the loss of human and equine life.
When you participate in a mediation as a party, advocate or neutral, you leave a trail. The trail an attorney or party creates within a particular mediation can be used to determine your goal or preferred path to reach that goal. Of course, signs can be interpreted correctly or incorrectly, and goals can change as progress is made or remains elusive. The trail I have in mind, though, is the one you extend each time you mediate, that incorporates your steps and methods within each mediation of which you are a part.
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The healthiest way to determine home plate is for the parties to negotiate toward it. The good faith negotiating that brings the parties to the ballpark can, likewise, bring them home. The key to this negotiation is mutuality, and the give and take of negotiation creates that sense of mutuality. Black's Law Dictionary defines it as "reciprocation; interchange. An act by each of two parties; and acting in return." Where parties act with mutuality, they are able to not only interchange and reciprocate, but also resolve. They can "trot home."
Money is often at the heart of the discussion between a wife and husband who are divorcing. Mediation can offer advantages, but a divorce attorney must know how to bring the parties to the table. Here are a couple of ideas from Sandy.