Mediation Resolution: Settlement Agreement Challenges and Opportunities These were the best of times. These were the worst of times. Ten hours of mediation slogging through issues, concerns and positions. Multiple threats to walk out on all sides. Intense hallway conversations. “Arm twisting” by the mediator and even your own lawyer. Gut wrenching calls to others […]
No Surprises for Brett Kavanaugh First, a disclaimer. I write this article a few days before the initially scheduled Senate Committee vote on US Supreme Court Nominee Brett Kavanaugh. The nomination has been thrown into turmoil over the past few days. I do not know whether Kavanaugh will be confirmed, whether he will withdraw his […]
Lying in State, John McCain and Mediation This past week we celebrated the remarkable life and achievements of John McCain. War hero, Navy Captain, U.S. Senator, family man, author, patriot. You did not have to agree with McCain to appreciate that he lived staunchly dedicated to his moral compass. At times, many found themselves in […]
Americans Own Less Stuff – What Does That Mean for Us? With the infiltration of the internet and software in our lives, we necessarily own less stuff. We consume books on Kindle. We rely on Netflix for our movies. Spotify provides our music. These, and similar, service sites own the entertainment which we lease. Actual […]
Mediation Goes to the Movies One of my boys recently observed that there are plenty of lawyer movies. He questioned why there are no mediator movies. As explained below, the answer to that question is simple. Nonetheless, with too much time on the beach during vacation, I pondered the “what ifs” of mediating some iconic […]
Why Can’t We Settle Some Types of Cases? Freshly minted lawyers will rarely, if ever, crack open a legal case reporter. They will not have to search for the most up-to-date supplement or “pocket part” for reporters to ensure that legal research includes the most recent decisions. These new attorneys will never spend hours in […]
Neither Snow Nor Rain Nor Crying Baby. . . The United States Postal Service (the “Post Office”) boasts a rich and proud history — deservedly so. From its origins in 1775 with Benjamin Franklin as the first Postmaster General, the Post Office has faithfully served the United States and its citizens since the inception of […]
A Case for Opening Statements in Mediation The Giant Panda. The Blue Whale. The American Bald Eagle. The Initial Joint Session in Mediation. Yes. These are all endangered or threatened species. As a mediator, I sometimes feel as though I have a better chance of a Snow Leopard sighting than witnessing more initial mediation opening […]
“Know When to Fold ‘Em” – Lessons from the Bill Cosby Trial The high profile Bill Cosby re-trial just concluded with Cosby found guilty of all sexual assault charges. Given the prospect of a lengthy appeal while he remains on house arrest, his advanced age, and being legally blind, it remains unclear whether Cosby will […]
Mediation Conduct: The Art of Flexibility Virtually all commercial litigation matters proceed through mediation or some other ADR process. Most courts now include such ADR mandates as part of their standard case management orders. The vast majority of cases resolve at or through mediation. Accordingly, this series of articles reviews the fundamentals of mediation as […]