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
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
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 or Shouldn’t You? 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 make mediation opening statements. I was the sole panelist who said Yes. I believe opening statements are important; particularly when a mediation is … Read More
