What is Mediation?
Breaking the Impasse
In this series principal Rodney A. Max discusses “breaking impasse” as it relates to closing the deal. In complex…
Should plaintiffs’ counsel always insist an adjuster with full authority attend?
Mediations, as with so much of life, involve relationships. I do believe that mediating with all of the important people present is a best…
How does the mediator make sure the person has authority to settle?
While the mediator can ask about authority, the mediator can’t “make sure”. The person at the mediation may have sufficient authority, or may not…
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.
When one party does not act in good faith
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.
ABOUT APOLOGIES
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…
Do Florida Courts have a mandatory mediation program or practice and if so, is it successful?
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
Thinking, Fast and Slow
by Daniel Kahneman (Farrar, Straus and Giroux 2011)*
“Slow down, you move too fast.
You got to make…
What Types of Cases are Best to Take to Mediation?
Richard Lord continues our Q&A supplement to our recent webinar, The Ten Most Common Questions Asked About Mediation . Please feel free…
Your Mediation Questions Answered
We had such an overwhelmingly positive response to our February 21st webinar, “The 10 Most Common Questions Asked About Mediation”, in which…