Playing The Blame Game

Playing The Blame Game

January 20, 2022

It’s no way to go through life. Or mediations. The blame game is really no game at all. It is a life decision or choice we make with real, often damaging, consequences. And in an increasingly-acrimonious social climate, it’s practically become a national pastime. I vividly remember, growing up in a family of three boys, … Read More

You Are Your Clients’ Eyes. Particularly In Mediations.

You Are Your Clients’ Eyes. Particularly In Mediations.

January 6, 2022

I love working with lawyers. Our training and gifts equip us to solve problems, advise others in time of need, and help others avoid — or deal with — pain and heartache. It’s a huge responsibility. At our best, we serve as our clients’ eyes, seeing things they can’t — and sometimes won’t — see … Read More

The Role Of Emotions In Mediation

The Role Of Emotions In Mediation

June 10, 2021

  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 … Read More

Mediation – The Swiss Army Knife of ADR

Mediation – The Swiss Army Knife of ADR

March 11, 2021

(Thinking outside the litigation box) I recently read a Mediate.com 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 … Read More

Learning From The Challenges Of 2020

Learning From The Challenges Of 2020

January 7, 2021

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 … Read More

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

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

October 1, 2020

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 … Read More

Conducting Mediations During The Pandemic

Conducting Mediations During The Pandemic

August 6, 2020

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 … Read More

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

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

May 7, 2020

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 … Read More

Mediating Cases Under The New (Ab)Normal

Mediating Cases Under The New (Ab)Normal

April 2, 2020

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 … Read More