Traits of the Effective Mediation Advocate
By and large, the attorneys with whom I am privileged to mediate are good at what they do. They persuasively advocate for their client, they give…
Early Mediation Anyone?
In general, the benefits of mediating a dispute to a successful conclusion are greatest when done early. In meaningful cases, since success is only…
CHALFONTE REDUX
I recently wrote about the Supreme Court of Florida’s opinion in Chalfonte Condominium Apartment Association v. QBE Insurance Corp. , holding…
Positivity
I was having a heart-to-heart recently with a friend and out of the blue she said, “You know what Sandy, at your very core you are a soul searcher.” …
What’s In a Name?
As many of you know, the conference rooms in our Maitland mediation center are all named after various species of birds. The name of one room quite…
“Never Cut What You Can Untie”
– Joseph Joubert (1754 – 1824)
In my last blog post, I wrote about “ Dutch Auctions and Texas Shoot-Outs ” as a way to resolve disputes…
Pre Mediation Caucuses in Multiple Party Cases
In recent weeks I have encountered huge success in designing mediations through the use of strategic pre-mediation communications. In particular, I…
Keys to Selecting the Right Mediator
Often we hear litigators state simply that whomever the opposing lawyer selects will be fine. The theory is, “I know what we need to settle, and if…
Mediation Preparation: Yes, You Should Be Preparing!
Gone are the days when it is okay to walk into mediation armed only with your handy-dandy legal pad and a pen. Actually I am not sure that was ever…
Dutch Auctions and Texas Shoot-Outs
As my colleague Rodney Max says in his most recent blog post on the “Mediator’s Proposal”, when impasse occurs in a mediation, “it’s just…