The #1 predictor of mediation success is whether the participants have come with a seriousness of purpose. They understand that mediation is their best chance to avoid delay and expense, not to mention a bad result. They have readied themselves to settle the case. Why Are You Here? Sure, the court may have ordered the […]
You’re ready for your remote video mediation. Everyone has the latest version of the technology and knows how to join. You rehearsed with your client; maybe you did a practice session with the mediator. You submitted the mediation confidentiality form and contact form. Now you can concentrate on the facts and the law. Wait–What about […]
Have Yourself a merry mediation Settlement’s in sight From now on Our troubles will be out of sight Have yourself a merry mediation Enjoy the holiday From now on Our troubles will be miles away Here we are as in olden days Before a suit was filed Back to those who are dear to us […]
A MEDIATION CAROL Sung to the tune of Jingle Bells Mediate, Mediate Mediate all day Oh, what fun it is to see The disputes go away HeyMediate, Mediate Make nice, it’s Christmas time Or Hanukkah or Kwanzaa time Remember this smart rhyme Hey Mediate, Mediate, A way to bring folks peace Your settlement agreement Will […]
W-A-I-T: these four letters remind you to ask yourself Why Am I Talking? Silence is often your most effective negotiation technique. Silence has two big benefits The first benefit of silence is to be better able to respond. Too many people come to mediation with their attitudes so entrenched that they don’t listen. You cannot […]
It’s horror movie season. Maybe you like to get a good scare at the movies. That doesn’t mean your most challenging case should become a Halloween nightmare. You know which are your ugliest cases. Those are the ones where mediation can really help. You probably want to close those files before year-end. Finding a mutually […]
The COVID-19 pandemic has made many things about our jobs more difficult. And yet, there is a silver lining when it comes to case resolution. The inability to safely congregate has compelled lawyers and claims professionals to turn to video mediation. Some were surprised to learn the benefits. Among these are that people are […]
Why aren’t your cases settling? In his book, How to Talk to Strangers, best-selling author Malcolm Gladwell explains that we normally DTT, Default-To-Truth, when we receive communication. When we default to lies instead of to truth, we undermine our ability to get to resolution. The Litigation Defaults-To-Lies In almost every facet of our lives, most people […]
It’s summertime, and temperatures are high. So let’s look at a hot insurance coverage issue: business interruption caused by the coronavirus. Do you know about the business interruption insurance coverage test case in progress in the United Kingdom? To create some consistency and avoid a litigation morass, the Financial Conduct Authority (FCA) has brought a test […]
You have an opportunity. Right now. While you are working from home. While you are most likely to be able to reach people by telephone and actually engage in a discussion about pending claims. Look over your file inventory. Which are the claims with high monthly expenses? What about the old dog claims that […]