Creative Uses Of Mediation

Creative Uses Of Mediation

February 8, 2018

One of the things I enjoy most about my job as a mediator is the flexibility inherent in the mediation process I utilize. Most of my readers are lawyers. Many of you are litigators — for whom mediation has become a preferred tool for resolving most of your cases. Typically, I’m assuming, you see mediation … Read More

When Is A Case Ripe For Mediation?

When Is A Case Ripe For Mediation?

January 22, 2018

When is a case ripe for mediation? I’ve successfully mediated cases before suit was filed; after suit was filed, but before any discovery was conducted; after discovery was completed; while a jury was deciding a case; and while a case was on appeal. It’s not just about timing. It’s also about information. And motivation. I … Read More

The Need To Be Right

The Need To Be Right

December 7, 2017

Regardless of the hat I’m wearing at the time — mediator, litigator, friend, brother, husband, father, and now grandfather — I struggle with the desire to be right. Always right. I recently read a post on the Mediate.com blog by Loraine Segal entitled The Seductiveness of Being Right. St. Augustine, a pillar of the early … Read More

Decision Tree Analysis

Decision Tree Analysis

October 24, 2017

Decision tree analysis is a valuable tool for evaluating settlement options in mediation. It’s a tactic we employ with even the most mundane decisions. For instance, as we consider crossing a busy street, we’re unconsciously weighing the “reward” of being across the street — along with our probability of safe passage — against the risk … Read More

Making The Most Of Appellate Mediation Opportunities

Making The Most Of Appellate Mediation Opportunities

October 12, 2017

I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting … Read More

What’s the Best Mediation Model: Joint Session or Caucus?

What’s the Best Mediation Model: Joint Session or Caucus?

September 21, 2017

I mediate a wide range of disputes — from automobile accidents, product liability claims, death claims and construction disputes to dissolution of business and professional practices, will contests, contract disputes and medical liability claims. I even occasionally mediate church splits. Given the variety of disputes I work on, I need flexibility in the mediation models … Read More

Persistence Wins In Mediation

Persistence Wins In Mediation

August 18, 2017

As I mentioned in another post, I recently served on a panel of mediators — with Phil Adams, Randy James and Harold Stephens — at the Alabama State Bar’s annual meeting. Harold likened mediation to an “American Ninja Warriors” competition (referring to the popular NBC summer program). For one reason, Harold noted, successful competitors “never … Read More

Attitude Matters

Attitude Matters

July 19, 2017

Those of you who hunt have surely seen the logo for the gear with a large antler rack and the words Size Matters. I recently heard an E.D. advertisement claiming, as part of their product pitch, that Sex Matters. My variation on these themes, in mediation and litigation in general, is Attitude Matters. As a … Read More

How Do You Get The Mediator On Your Side?

How Do You Get The Mediator On Your Side?

June 22, 2017

You thought mediators were neutral? Well, they are. Or should be. I’m talking about how you can get a mediator to work for you, and help you accomplish your goals. (NOTE: For the sake of readability, I’m going to assume the mediator, like me, is male). The answer to the question posed in my headline … Read More

ratliff_billA senior partner of the law firm of Wallace, Jordan, Ratliff & Brandt, Bill Ratliff has been an adjunct professor of Mediation at the University of Alabama since 2009.
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