Attitude Matters
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?
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
Forces That Negatively Affect Negotiations
In another post, I discussed forces that impact our judgment in valuing cases. Today I want to discuss forces that negatively affect our ability to negotiate cases; forces which, It’s important to note, generally influence us subconsciously. Parties aren’t even aware they’re at play. My role as mediator is to anticipate any such influences, and … Read More
Forces At Play In A Mediation
Negotiations are never conducted in a vacuum. There are a myriad of forces impacting and influencing a party’s willingness and ability to negotiate and settle disputes. Part of our job as attorneys and mediators is to identify those forces, then determine if we can counter them and use them to our advantage. As a teacher … Read More
The Power Of An Apology In Mediation
For most of us, apologies don’t come easy. Personally, I have no trouble apologizing to my wife. As long as she apologizes first. . . That said, apologies can be powerful in litigation. Even more so in mediation. What’s more, mediation provides a setting in which parties can apologize more easily. After all, the process … Read More
Overcoming Impasse In Mediations (Part 3 of 3)
As I noted in Part Two on this topic, when parties are unable to avoid impasse, there are a number of ways you can change the dynamics of negotiations — including: Offering An Assessment I remind the parties of their BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement), … Read More
Overcoming Impasse In Mediations (Part 2 of 3)
Preventing Impasse Needless to say, the best way to deal with impasse is to prevent it altogether. One way of doing this is by proactively addressing the prospect of last minute add-ons — or additional claims and issues introduced after a substantive agreement has been reached. Typical add-ons include confidentiality agreements, mediation costs, and who … Read More
Overcoming Impasse In Mediation, Part 1 of 3
Impasse. Arguably the single most dreaded word in the world of negotiation — where the worst outcome is no outcome. Impasse occurs every day — in business, marriage, life — and typically results when one or both parties in a negotiation refuse to make further concessions on a particular issue. As much as I despise … Read More
How To Make Better Decisions In Mediations. And In Life.
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
A 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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