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...
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...
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...
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...
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...
The Unintended Post-Pandemic Consequences of Virtual Legal Services and Courthouse Access
In Florida, Administrative Order SC 20-23 Amendment I – Comprehensive COVID-19 Emergency Measures for Florida State Courts provides guidance to attorneys and clients and importantly suspends jury trials in civil cases until July 2, 2020. Now the courts are exploring...
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...
Online Mediation and Reduced Rates During the COVID-19 Outbreak
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...
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...
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...
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...
Welcome to . . . Mediation Minute
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.
Published Articles For Improving Mediation Skills and Advocacy
Legal Resources
Business and civil mediation resources and information about alternative dispute resolution
Connect with David Henry on Social Media
