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...

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...

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...

Just as many other industries are increasingly turning to web-based solutions, online mediation during the COVID-19 outbreak is on the rise. Considering the economic impact of the coronavirus, I am reducing my hourly fee for the next 60 days to $100/hr. for all...

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...

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...

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...

Mediation Notes readers are now receiving the Mediation Minute. Readers of Mediation Notes may know that I retired from litigation to focus exclusively on providing mediation services and education.