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Henry’s Ten Dirty Words You Can’t Say During Mediation

Henry’s Ten Dirty Words You Can’t Say During Mediation

As stated in my engagement letter for mediation, I encourage parties to share position statements or letters before mediation begins. These are not intended for me, but more so for the disputants. The premediation letters should be written for the eyes of the “other”...

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The Uniqueness of Litigators and the Light Born of Mediation

The Uniqueness of Litigators and the Light Born of Mediation

I was thinking about my mediation clients, meaning the lawyers, and how the litigator’s role differs from other professions. Litigators are in conflict every day, every moment, for their entire careers. Can you identify another job that at its core involves conflict?...

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The Mediator’s Wish List

The Mediator’s Wish List

Now that the holiday season is in full swing, you are probably seeking holiday gift-giving lists.  Most mediator wish lists are similar. Here is what most mediators would like to receive in case you are still shopping for the holidays. Mediators would like to receive...

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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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Legal Resources

Business and civil mediation resources and information about alternative dispute resolution

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