The Subpoena Playbook
The Power of Lawyer Letters
Mock Jury Exercises: Enhancing Litigation Strategy in Consumer Financial Services Cases — The Consumer Finance Podcast
Building and Exiting Business Partnerships
Consumer Finance Monitor Podcast Episode: “Accidental Arbitration” -- A New Theory that Would Rein in Consumer Arbitration Clauses and the Scope of the FAA
Navigating Executive Orders: Strategies for Managing Stop Work Orders and Terminations
How Much an Arizona Divorce Will Cost
Recent Developments in California's Arbitration Landscape — FCRA Focus Podcast
Employment Law Now VIII-156 - The Art, Skill, and Strategy of Mediation
TortsCenter Podcast | Episode 7 | Fair Game: Diving into Sports ADR
AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
Resolving FCRA Disputes With e-OSCAR: Insights from Joel Strickland — FCRA Focus Podcast
Through the Lens: Advancing through adversity with a hard working and multifaceted approach - Focus on Ann Marshall
What's the Tea in L&E? When Employees Refuse to Play Nicely in the Sandbox: Does it Call for a Mediator?
Work This Way: A Labor & Employment Law Podcast - Episode 2: Labor Dispute Mediations with Drew Rogers, Senior Federal Mediator with the Equal Employment Opportunity Commission, Part 2
Life After Love Gone Wrong Podcast: Season 3, Episode 3 - Understanding the Role of Parent Coordinators
One IMS: Acquisition Stories | Trial Division of Precise, Inc.
Keith Matthews and Kim Reynolds: Talking Ag Biotech Episode 6
Survey Woes: CMS Ramps Up Hospice Survey Program and Consequences
Jewish Divorce Talk: Episode 8 - Narcissism and Parental Alienation Talk
We often settle legal malpractice claims before they result in a publicly filed lawsuit. Many of our clients, who are lawyers, want to avoid a public lawsuit, but once a suit is filed, they want to be vindicated by a...more
When hostilities break out between individual co-trustees, incumbent trust counsel faces a representation conundrum. In §8.8 of Loring and Rounds: A Trustee’s Handbook (2025), see appendix below, we grapple with the...more
In a world grappling with the aftermath of COVID-19, the landscape of dispute resolution has undergone profound changes. As a mediator with Miles Mediation & Arbitration and the founder of FourthParty, a technology platform...more
Mediation can be like a box of chocolates. How so? Well, as Forrest Gump famously said, “you never know what you’re going to get.” That’s the case with the clients you’ll be working with as a mediator....more
While most mediation participants act professionally, with courtesy and decorum appropriate to the dispute resolution process, some do not. Perhaps unprofessional conduct occurs behind the mediation curtain because the...more
Lawyers have mixed opinions about the utility and wisdom of using graphic visual aids in mediation. Some don’t want to put that much work into preparation for mediation, assuming it is a waste of time. Indeed, sometimes a...more
Negotiating a settlement in a case with many defendants can be challenging. Each case includes different personalities and legal issues, making a one-size-fits-all negotiation strategy impossible. Finding a creative,...more
The process of preparing a client for mediation begins at the first interview. In a plaintiffs’ personal injury practice, clients seldom have prior experience with the litigation process. However, they may have to unlearn a...more
Preparing a Defendant for mediation presents some different challenges. In order to be successful, you must understand your client’s level of sophistication in connection with the entire mediation process, set up realistic...more
Many moons ago I purchased my first DLSR camera. I wanted to capture life’s priceless moments, from family vacations to watching my kids play sports and perform in recitals. In order to improve upon the craft of snaring great...more
This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more
There’s an old expression: “You can catch more flies with honey than with vinegar.” Assuming that your goal is not to actually catch flies, but instead, to get what you want in some kind of negotiation, the expression means...more
Throughout the mediation process, there are several critical decisions that plaintiff’s counsel will need to make. These decisions will, in turn, determine the ultimate direction of the case....more
What exists at the point where PIABA’s transparent self-interest in getting paid and FINRA’s historical lack of transparency about who is actually driving its agenda regarding arbitrations? This: a late December decision by...more
Under the best of circumstances, mediation may not result in the resolution of a litigated dispute. This may be as a result of factors which are not under the control of the parties. However, mediations are often negatively...more