How Do You Get The Mediator On Your Side?

June 22, 2017By Bill RatliffUncategorized

You thought mediators were neutral? Well, they are. Or should be. I’m talking about how you can get a mediator to work for you, and help you accomplish your goals. (NOTE: For the sake of readability, I’m going to assume the mediator, like me, is male). The answer to the question posed in my headline … Read More

Forces That Negatively Affect Mediation Negotiations

May 17, 2017By Bill RatliffUncategorized

In another post, I discussed forces that impact our judgment in valuing cases. Today I want to discuss forces that negatively affect our ability to negotiate cases; forces which, It’s important to note, generally influence us subconsciously. Parties aren’t even aware they’re at play. My role as mediator is to anticipate any such influences, and … Read More

Forces At Play In A Mediation

May 4, 2017By Bill RatliffUncategorized

Negotiations are never conducted in a vacuum. There are a myriad of forces impacting and influencing a party’s willingness and ability to negotiate and settle disputes. Part of our job as attorneys and mediators is to identify those forces, then determine if we can counter them and use them to our advantage. As a teacher … Read More

The Power Of An Apology In Mediation

April 20, 2017By Bill RatliffUncategorized

For most of us, apologies don’t come easy. Personally, I have no trouble apologizing to my wife. As long as she apologizes first. . . That said, apologies can be powerful in litigation. Even more so in mediation. What’s more, mediation provides a setting in which parties can apologize more easily. After all, the process … Read More

Overcoming Impasse In Mediations

February 28, 2017By Bill RatliffUncategorized

part 1 Impasse. Arguably the single most dreaded word in the world of negotiation — where the worst outcome is no outcome. Impasse occurs every day — in business, marriage, life — and typically results when one or both parties in a negotiation refuse to make further concessions on a particular issue. As much as … Read More

The Role Of Communication In Mediation

December 22, 2016By Bill RatliffUncategorized

Whether it’s written or oral, communication is the legal profession equivalent of blocking & tackling — and it comes naturally to most attorneys. I suspect most of us would grade ourselves pretty highly on our communication skills. That said, I have to wonder if we’re intentional enough about what we communicate, and the messages we … Read More