Should Mediators Offer Case Evaluations?

October 3, 2019By Bill RatliffUncategorized

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

July 10, 2019By Bill RatliffUncategorized

“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

Attorneys In Mediation: Don’t Beat A Dead Horse!

January 30, 2019By Bill RatliffUncategorized

In one of my very first columns for this blog, I advised my readers that persistence wins in mediation. While I stand by that advice, there is another kind of persistence that absolutely, positively doesn’t win in mediation — the kind referred-to in this post’s title. Beating a dead horse: What a descriptive phrase, when … Read More

To Be A Better Mediator, Trust The Process.

January 8, 2019By Bill RatliffUncategorized

If you’re an Alabama football fan (or, for that matter, a Bama hater), there’s a good chance you’ve heard Nick Saban talk about “the process” — the term he uses in describing his approach to building championship-caliber football players and teams. Despite recent evidence to the contrary 🙁, that process has served his program very … Read More

Attention Attorneys In Mediation: Don’t Just Phone It In.

December 13, 2018By Bill RatliffUncategorized

If I’m being honest, I cringe every time I conduct a mediation where the defendant’s party representative participates by telephone, or not at all. Unfortunately, I see this happening more and more often. Having said this, I can think of several plausible reasons why client representatives wouldn’t attend a mediation — including The representative is … Read More

Winning Mediations “On Purpose”

November 20, 2018By Bill RatliffUncategorized

I recently bought an amazing 2-CD release by sports psychologist Kevin Elko entitled Win On Purpose. A longtime consultant to Nick Saban and numerous other college and professional football coaches, Elko is renowned for his success in teaching and motivating athletes to reach their highest potential. Elko’s presentation inspired me to consider how litigators in … Read More

How To Serve As A Better Counselor In Mediations

October 18, 2018By Bill RatliffUncategorized

Many of the lawyers reading this use letterhead that identifies them as “counselor.” Though the term as used by lawyers may not be identical to the way it’s intended in the counseling community, I find it fascinating how many of us in the profession hold ourselves out to be counselors. When I think of a … Read More