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This Thanksgiving, where do you sit at the (mediation) table?

This Thanksgiving, where do you sit at the (mediation) table?

I wrote this piece a couple of years ago before I started my own  mediation firm. Thanksgiving might be a little different this year, but I thought you might like this article with a little editing to bring it current. Let’s appreciate the loved ones and strange ones...

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The Convention of the Witch and the Princess in Zoom Mediation

The Convention of the Witch and the Princess in Zoom Mediation

By now, most of you have participated in a remote mediation, most likely on a Zoom platform. I want to talk about attendance via Zoom and the psychology of communication and helping your cause by managing your virtual appearance. In Western literature and film, there...

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Mediation Advocacy as a Competitive Advantage

Mediation Advocacy as a Competitive Advantage

In what is a difficult time for providing legal services, law firms should be rethinking how they position themselves and obtain a competitive advantage over rivals. I have longed believed that business litigation and insurance defense firms have failed to see mastery...

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A Funny Little Thing About Authority in Mediation

A Funny Little Thing About Authority in Mediation

Florida has an attendance requirement for insurance carrier representatives tied to the policy limits or the last demand by the claimant. It is Rule 1.720(b). There are some problems, pragmatic and philosophical, with the existing authority rules. Suppose in a...

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Mediation Malpractice and Other Oddities

Mediation Malpractice and Other Oddities

I had a thought-provoking conversation with a marketing representative of a carrier who writes lawyer’s malpractice insurance. We were pondering the notion of malpractice at mediation. Is there such a thing? Yes, and it is more common and more subtle than you might...

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Heading North and Cool Receptions

Heading North and Cool Receptions

Another Independence Day has passed, and those of you reading from Florida are probably looking for someplace north of here to spend some time. I’ve traveled extensively and have been to mediations as either an insurance carrier...

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Writing a Position Statement for Corporate Divorce Mediations

Writing a Position Statement for Corporate Divorce Mediations

My sister recently sent our family a thoughtful COVID “care package,” which included wine, candy, games, snacks, magazines, and a bevy of other great stuff. It was a delightful and thoughtful collection because she included some personal favorites (e.g., toffee and...

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Get to Know Your Mediator

Get to Know Your Mediator

Picking the right mediator for the right case requires careful planning. I appreciate the continued support of litigators and their clients who entrust me with mediation of their case.  "Frequent flyers" or those who retain me on a routine basis deserve a special...

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Buzzer Beaters and Clock Management in Mediation

Buzzer Beaters and Clock Management in Mediation

As we head into the annual college basketball tournament season, it’s a good time to discuss “clock management” in mediation. In a two-party case this is not hard. There are only two private caucus rooms. More challenging are multi-party cases and multiple “rooms.” I...

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Who Are You Bringing to Mediation?

Who Are You Bringing to Mediation?

Sanctions for Lack of Authority and Other Myths   During mediation, one side sometimes complains to me that the other side did not bring someone with "full authority," and the ostensibly aggrieved party's attorney asks me if I will report the other side to the...

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Legal Resources

Business and civil mediation resources and information about alternative dispute resolution

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