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Applying The Golden Rule In Mediation

If you’re like me, you were first taught The Golden Rule at a young age. I remember hearing it from my parents, at church and at school. Here’s what “Wikipedia” has to say about it: “The Golden Rule is the principle of treating others as one would wish to be treated. It is a maxim […]

Effectively Making Yourself Understood In Mediations

In my last post, I mentioned that I enjoy reading the work of former FBI hostage negotiator, and now CEO & Founder of the Black Swan Group, Chris Voss. In his blog, The Edge, he writes frequently about effective communication techniques and tactics. It’s a given that communicating effectively is a fundamental requirement of our […]

Using “Tactical Empathy” In Mediations

One author I enjoy reading is former FBI hostage negotiator, and now CEO & Founder of the Black Swan Group, Chris Voss. He’s has been blogging on his area of expertise since 2013. (If you’re a frequent flyer, you might be interested in this post: Negotiating a Seat on a Plane When There Isn’t One). […]

Consider Sharing Your Position Statement

Old habits die hard. Most litigators were trained in the school of thought that says mediation statements should not be shared. At least, that’s my experience. I rarely see advocates in mediations sharing their position statements with the other side — and yes, I understand the various reasons for not sharing. That said, I’ve seen […]

Listen. JUST Listen.

Good advice whether you’re in mediation or not. In my last post, I talked about the common qualities of good listeners; and how effective, intentional listening involves your ears, your eyes, your mind, your heart and your undivided attention. I also talked the fundamental need to be heard — which we all share. That said, […]

Can You Hear Me Now?

The importance of listening during mediations. You remember the guy who repeatedly asked the headline’s question in the Verizon ad campaign, years ago? Whether or not you liked it, the fact that Sprint hired the guy should tell you how effective that campaign was. What’s more, seeing him again on TV got me thinking about […]

Pre-Mediation Conferences

Are you effectively utilizing them as a part of the mediation process? I’ve handled any number of mediations where the parties and counsel view prospects for settlement with optimism. In other cases — typically where the facts or the law are complex, the number of moving parts (parties, insurance coverage dispute, disagreement over damages) is […]

Don’t Take Special For Granted

My posts typically deal with insights I’ve gained in my career as a mediator. That said, mediation is what I do. It’s not who I am. I’m a son, a husband, a father, a grandfather, a friend, a lawyer, a partner, a Christian — and so many other things, in addition to being a mediator. […]

Creative Uses Of Mediation

One of the things I enjoy most about my job as a mediator is the flexibility inherent in the mediation process I utilize. Most of my readers are lawyers. Many of you are litigators — for whom mediation has become a preferred tool for resolving most of your cases. Typically, I’m assuming, you see mediation […]

When Is A Case Ripe For Mediation?

I’ve successfully mediated cases before suit was filed; after suit was filed, but before any discovery was conducted; after discovery was completed; while a jury was deciding a case; and while a case was on appeal. It’s not just about timing. It’s also about information. And motivation. I would say all of those cases were […]