Pre-Mediation Conferences

Pre-Mediation Conferences

April 2, 2018By Bill RatliffUncategorized

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 … Read More

Don’t Take Special for Granted

Don’t Take Special for Granted

March 1, 2018By Bill RatliffUncategorized

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. … Read More

Creative Uses Of Mediation

Creative Uses Of Mediation

February 8, 2018By Bill RatliffUncategorized

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 … Read More

When Is A Case Ripe For Mediation?

When Is A Case Ripe For Mediation?

January 22, 2018By Bill RatliffUncategorized

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 … Read More

The Need To Be Right

The Need To Be Right

December 7, 2017By Bill RatliffUncategorized

Regardless of the hat I’m wearing at the time — mediator, litigator, friend, brother, husband, father, and now grandfather — I struggle with the desire to be right. Always right. I recently read a post on the Mediate.com blog by Loraine Segal entitled The Seductiveness of Being Right. St. Augustine, a pillar of the early … Read More

Decision Tree Analysis

Decision Tree Analysis

October 24, 2017By Bill RatliffUncategorized

Decision tree analysis is a valuable tool for evaluating settlement options in mediation. It’s a tactic we employ with even the most mundane decisions. For instance, as we consider crossing a busy street, we’re unconsciously weighing the “reward” of being across the street — along with our probability of safe passage — against the risk … Read More

Making The Most Of Appellate Mediation Opportunities

Making The Most Of Appellate Mediation Opportunities

October 12, 2017By Bill RatliffUncategorized

I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting … Read More

What’s the Best Mediation Model: Joint Session or Caucus?

What’s the Best Mediation Model: Joint Session or Caucus?

September 21, 2017By Bill RatliffUncategorized

I mediate a wide range of disputes — from automobile accidents, product liability claims, death claims and construction disputes to dissolution of business and professional practices, will contests, contract disputes and medical liability claims. I even occasionally mediate church splits. Given the variety of disputes I work on, I need flexibility in the mediation models … Read More

Persistence Wins In Mediation

Persistence Wins In Mediation

August 18, 2017By br_adminCase Studies

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