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The Role Of Emotions In Mediation

  I recently read an article in the Wall Street Journal that reminded me of the effect that emotions and moods can play in mediation. The title alone says a lot: “Good Moods Often Lead to Bad Judgments.” Written by three thought leaders on the topic (including a Princeton professor of psychology who’s also a […]

Mediation – The Swiss Army Knife of ADR

(Thinking outside the litigation box) I recently read a post which explored creative uses for mediation. It’s a great reminder for business people and attorneys alike of the many and varied potential uses for mediation. In one of my earlier blog posts, I mentioned that I was once hired by a Fortune 500 company […]

Learning From The Challenges Of 2020

Why I’m optimistic. Particularly for the future of mediation. By any standard, 2020 was a challenging year. It’s a year nearly all of us are glad to see in the proverbial rear-view mirror. At the same time, it could be argued that there is a positive aspect to the legacy of 2020 — because, on […]

In Mediation, We Can’t Always Get What We Want.

The title to this post was actually inspired not by the song, but by a post recently published by my friend Richard Simmons (and no, if you don’t know him by name, not that one). Richard is a genuinely gifted teacher and writer, and I highly recommend his blog. That said, the title is perfectly […]

Conducting Mediations During The Pandemic

A few months ago I wrote a post entitled Mediating Cases Under The New (Ab)Normal. When I wrote it, I really had no idea what the New Normal would be. I’m not sure that I do, even now. What I can say with confidence, several months later, is that mediation can be effective no matter […]

Using Mediation Wisely Means Avoiding “The Second Kick Of A Mule”

Growing up in the South, many of us have heard lots of “country sayings,” such as this one attributed to Mark Twain: “There is nothing to be learned from the second kick of a mule.” Nearly everyone who grew-up around horses and mules had to learn the hard way — despite all warnings — what […]

Mediating Cases Under The New (Ab)Normal

Hello and sincere best wishes, from my home and family to yours. I doubt any of us could have imagined, even two months ago, that our lives could be so radically affected by something as common to our experience as a flu virus. We are told that its effects will be long lasting, and I […]

What To Do When You Find Yourself In A Hole

For starters, consider mediation. I remember as a young litigator at Cabaniss Johnston, partner Bill Robinson introduced me to the First Rule of Holes — which is, “When you’re in a hole, quit digging.” He was teaching me that when you have a losing position or case, you shouldn’t make it worse by doubling down. […]

Getting Your Mediation Off The Ground

Have you ever been involved in a mediation that ended before it started? I have. I don’t mean literally, but I do mean one that never gets past the first round of demand and offer. In one sense, conducting a mediation is like flying a plane: It’s not going anywhere if you can’t get it […]

Wise Mediators Know: To Err Is Human

The title of this post, of course, is from the Alexander Pope quote, “To err is human. To forgive divine.” This post isn’t about forgiveness. However, lest we forget, we are all human! So what does that mean? For one, it means we aren’t machines programmed to automatically produce correct responses in all situations. We […]