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

Forces That Negatively Affect Negotiations

Forces That Negatively Affect Negotiations


May 17, 2017

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

Forces At Play In A Mediation


May 4, 2017

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

The Power Of An Apology In Mediation


April 20, 2017

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)

Overcoming Impasse In Mediations (Part 3 of 3)


March 28, 2017

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)

Overcoming Impasse In Mediations (Part 2 of 3)


March 14, 2017

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

Overcoming Impasse In Mediation, Part 1 of 3


February 28, 2017

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.

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


February 7, 2017

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

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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