Court Dockets Are Crowded and Here Is a Fix Any Judge Can Use
Courts are crowded and judges have limited hearing time. Trial dockets were full before the pandemic, then got worse, and now we need to clear the backlog. In states like Florida where there is an influx of new residents post-pandemic, state and federal courts have an important role to play in helping parties achieve access […]
Henry Mediation Offers Free Online CLE Video-Library
Henry Mediation is pleased to offer Florida Bar approved CLE through an online video library at HenryADR.com. Included with the video library is the 5- hour Mediation Mastery Series which covers a wide range of mediation topics including rules governing attendance and authority, industry and case-specific tactics, and valuable information for new and seasoned attorneys. There are also stand-alone programs […]
A Cool New Thing – Neutral-Driven Dispute Resolution (NDR) for Modest Business Disputes
There are many business disputes too large to ignore but too small to litigate for any period of time. Absent contingency fees and insurance coverage, when the amount in controversy is under $200,000, the fees and costs to resolve the dispute can ultimately be disproportionate to the settlement value of the case. Unfortunately, our rules of procedure and judicial […]
Important Rules for Pursuing Breach of a Mediated Settlement Agreement
There are few topics that engender more confusion than remedies for breach of a mediated settlement agreement. The scope of the rule governing breach and sanctions is greatly circumscribed by the case-law and this conflict warrants discussion. This article will give you what you need to know.Turning first to the rules, asserting a breach of a mediated settlement […]
A Few Words to Plaintiff’s Counsel
Now that the majority of mediations are conducted via Zoom, I think Plaintiffs’ attorneys will need to work a little harder than Defendants. Why so? Before remote attendance was commonplace, defense counsel, the defendant, and the insurance carrier, if any, came from somewhere and sat in a room all day. They flew or drove to […]
Courts Issue Orders Requiring Video for Zoom Mediation
Henry Mediation offers Zoom mediation through MediationServicesOnline.com™ for lawyers and clients seeking to conduct mediation by remote means. A recent survey of mediators conducted by the NADN found that the overwhelming majority of mediators are using Zoom or remote means approximately 75% of the time. Those who predicted in-person mediation would return to pre-pandemic levels […]
A Mediator’s Message to Defense Counsel Planning for Zoom Mediation
Lawyers who regularly represent defendants know that clients or carriers are using settlement rates and aggregate legal spend, not trial results, as the metric for selecting counsel. With trial occurring in approximately 1% of filed cases, excellence in mediation advocacy plays an important role in client retention. Here are some suggestions for strengthening client relationships through effective mediation advocacy. Clients […]
Guess Who’s Coming to Mediation? The Problem of Unwanted Attendees in Mediation
The rules governing attendance at mediation are not widely known, and there are some commonly held misunderstandings that require debunking. There are few things more disruptive than disputes over participation and authority. In the worst-case scenario, the parties have not communicated in advance, and an unwanted someone unexpectedly appears at the start of mediation to […]
Your Early Holiday Stocking Stuffer: The Silver Dollars I Picked Off Your Floor
I want to offer you a valuable stocking stuffer for next year. For most lawyers billing hourly, the smallest profit generator is the billable unit recorded as one-tenth of an hour – the “point-one.” When you engage in any large task, there is a small amount of lead-up time, and a transition-away time from that […]
Negotiating in the Crosswind of Settlement Desire
The desire to settle during mediation can be mutual, essentially balanced and shared, or highly unbalanced or asymmetric. As a mediator, I want to find out which side more strongly feels the need to settle. I seek to press upon the side least desirous of settling. I try to move a party or their lawyer […]