Let’s put mediation aside for a moment (I promise I will get back to it) and focus on the practice of law pre-pandemic. All attorneys and staff were expected to work in the office. Exceptions included going to court and...more
After trying cases for most of my career and having served as a full-time neutral for the past five years, I’m convinced mediation is the best option for resolving cases while keeping your clients’ interests in mind,...more
We’ve all heard the saying “Honesty is the best policy.” I guess I’m about to find out if that’s true. In this issue, I will discuss why I believe MEDIATION IS THE HOLY GRAIL. Many of my colleagues would disagree, but after...more
On September 13, 2019, I had the honor of interviewing Judge Edwin Cameron, Justice of the Constitutional Court of South Africa. I was on a trip to South Africa sponsored by the Society of International Business Fellows and...more
My absolute favorite sporting event is the Masters golf tournament, which takes place every year in Augusta, Georgia. This year’s tournament didn’t disappoint, as Tiger Woods returned to form to pull off a miracle victory....more
“Less is More” -
Since my last newsletter, I mediated a complex wrongful death aviation case. I was impressed with counsel who all agreed the issues involved coverage, hull damage claims, property damage claims,...more
Often times in mediation, the complexity of a case is tied to the most sensitive issues for both sides. Sometimes those emotional aspects are different, but given the right representation, these seemingly insurmountable...more
Too often we think of mediation as a process to financially settle disputes and prevent a full-blown jury trial. It can be so much more. An example can be found in William Bridges’ book, Managing Transitions. In one chapter...more
In September I had work in Cleveland, Ohio. I had not been there in a number of years and I was astonished at the positive developments the city has made. It is filled with open spaces, little traffic congestion and winning...more
The Uses of Arbitration / Judicial Reference in Complex Health Care Litigation -
Everyone knows that using a mediator with health care experience is valuable in complex health care matters. But there are many other ways ADR...more
Instead of going into a mediation like it’s “déjà vu,” try to think about it as “vuja de.” In other words, it won’t be the same as it has been before.
It was dark as I took my early morning walk with my dog, Red, while...more