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

What To Do When You Find Yourself In A Hole

What To Do When You Find Yourself In A Hole

February 27, 2020

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. … Read More

Getting Your Mediation Off The Ground

Getting Your Mediation Off The Ground

January 30, 2020

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 … Read More

Wise Mediators Know: To Err Is Human

Wise Mediators Know: To Err Is Human

December 5, 2019

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 … Read More

Controlling Difficult Clients During Mediations

Controlling Difficult Clients During Mediations

October 24, 2019

IT’S NOT EASY. IN RARE INSTANCES, IT’S NOT EVEN POSSIBLE. I recently wrapped up a mediation in which we settled two Federal and two State Court cases as a part of the settlement. There were 15 attorneys involved, and it took us nearly five months to pull-together all of the moving parts. What took so … Read More

Should Mediators Offer Case Evaluations?

Should Mediators Offer Case Evaluations?

October 3, 2019

MEA CULPA: I had a busy summer. Family vacations. Getting my daughter married. Fishing in Alaska. A week at Mayo Clinic for family. AND a hectic work schedule. As my wife might say, metaphorically, I let the grass grow high on my blog! With that, back to work. I recently read a good article by … Read More

Mediation As A Tool For Minimizing Risk

Mediation As A Tool For Minimizing Risk

July 10, 2019

“You’ve got to know when to hold em, know when to fold em” Kenny Rogers For most people, risk is a four-letter word. It’s something lawyers deal with every day. You’re paid to minimize, evaluate, and know when risk is worth taking. When you draft a contract, your client expects you to anticipate issues before … Read More

Successful Mediations Satisfy Clients’ Need To Be Heard

Successful Mediations Satisfy Clients’ Need To Be Heard

May 29, 2019

We often hear the phrase “He just needs his day in Court.” This phrase can mean any number of things, but I think it often means a person really needs the opportunity to be heard. Sometimes a person just needs a third party to hear both sides of an issue and help find the resolution. … Read More