Persistence Wins In Mediation

August 18, 2017By br_adminCase Studies

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

How To Make Better Decisions In Mediations. And In Life.

February 7, 2017By br_adminCase Studies

Mediation can provide certainty in an uncertain litigation process. By design, it enables the client to have control (at least over their own decisions), in a judicial process that none of us can fully control. My role, simply put, is to try to help lawyers and their clients make good decisions with the information they … Read More

Advice for Your Clients In Mediation

January 24, 2017By br_adminCase Studies

Several years ago, I wrote a Best Practices article for the Associated Builders and Contractors (ABC), advising contractors approaching or participating in mediations. Below is a summary of that article — which should be helpful to any clients participating in mediations. Be Prepared. The three keys to success in any endeavor are preparation, preparation and … Read More

Should You Make Opening Statements In A Mediation?

January 18, 2017By br_adminCase Studies

I recently served on a panel of mediators at the Alabama State Bar’s annual meeting. One of the attendees asked the panel if we encouraged attorneys to give opening statements in mediations. I was the sole panelist who said Yes. I believe opening statements are important; particularly when a mediation is attended by decision-makers (IE: … Read More