HOW CCP 599 HELPS AND HURTS Due to the pandemic, very few cases are being tried. Reports from the legal community indicate that the absence of an imminent trial date is inducing parties to put off settlement as well. A History of Procrastination Lawyers have always seemed to have a reason why it’s too early […]

Have Yourself a Merry Mediation

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 […]

Happy Mediation Holidays

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 […]

The Smartest Thing to Do in Mediation

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 […]

Horror Movie Season

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 […]

Remote Mediation Ethics

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 Your Cases Aren’t Settling

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 […]

Business Interruption Insurance Coverage- News from the UK

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 […]

Align Thoughts, Words & Deeds to Get Results

Having trouble concentrating? Affected by shelter-in-place orders to contain the COVID-19, overlaid with curfews activated by civil unrest following the death of George Floyd? Join the club. For some cases, nothing is urgent right now. It’s easy to leave those cases on autopilot. What you focus on is what you get. If what you really want […]