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“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.
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...
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.
You can never really be sure that the other side is taking the mediation as seriously as you are, but you can increase the likelihood that they take...
WHY SHOULD I APOLOGIZE?  (Part I) Elton John may have been right when he sang that, “Sorry seems to be the hardest word.”  And what is true...
We continue our Q&A supplement to our recent webinar, The Ten Most Common Questions Asked About Mediation   with this submission from Kim...
      Thinking, Fast and Slow      by Daniel Kahneman (Farrar, Straus and Giroux 2011)* “Slow down, you move too fast. You got to make...
Richard Lord continues our Q&A supplement to our recent webinar, The Ten Most Common Questions Asked About Mediation . Please feel free...
We had such an overwhelmingly positive response to our February 21st webinar, “The 10 Most Common Questions Asked About Mediation”, in which...
   The Florida Supreme Court has scheduled oral argument on new e-discovery court rules on March 7, 2012.  Several years in the making, the...