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Special Problems in Settling Professional Liability Claims

Special Problems in Settling Professional Liability Claims

In the context of mediation and settlement, professional liability claims present some challenges that warrant special consideration. Most professional liability policies contain settlement control clauses. Such clauses require the consent of the insured to settle,...

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Improving the Bottom Line Through Mediation Advocacy

Improving the Bottom Line Through Mediation Advocacy

This month’s article is an introduction to a larger seminar to be offered in the fall on the topic of promoting mediation advocacy to attract and retain clients, and to strengthen attorney-client relationships. How so, you ask? Consider this question: How does an...

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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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Legal Resources

Business and civil mediation resources and information about alternative dispute resolution

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