Mediation Minute
Exploring the dark art of mediation
It Only Takes One Ass to Spell Impasse
How many times have you appeared in a multi-defendant mediation only to discover at 10:00am that one of the key players has taken a “no pay” position while you were expecting
Chilly Receptions in Other Mediation Climates: Lessons on Mediating Outside Florida
Before I worked as a mediator, I attended mediation in several states as a litigator or insurance carrier representative – in South Carolina, California, Maryland, and Colorado. Not all mediation venues
Court Imposed Mediation Deadlines are Horrible: Choose the Best Time to Mediate – It’s Sooner Than You Think
Choosing the best time to mediate is no easy thing. The court does not have the ability to consider optimal timing or the vagaries of your case. The court-ordered mediation deadlines are awful
Mediation Works When It Restores the Role of Client Decision-Making
It’s not uncommon for mediation participants to ask, “what’s taking so long in the other room?” I think the answer is simple but maybe not obvious. Litigation
March Madness and Negotiating with the Bigs – A Message to Claimant’s Counsel
The NCAA basketball tournament in March always brings fun and surprise in the form of upsets. To the enjoyment of all but the loser, the upsets are
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
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
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
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
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?
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
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.
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
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
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
Best Practices for Mediating Catastrophic Injury and Large Losses in Transportation-Related Claims
Transportation claims suffer from frequency and severity. It stands to reason we should become more expert at resolving these cases short of trial. Catastrophic injury
You Can’t Make Handprints When the Concrete is Set: The Vital Need for Exchange of Premediation Submittals
There are no timetables, deadlines or rules governing the conduct of the parties leading up to mediation. The parties prepare independently of each other. Many
If You Read Only One Thing About Mediation, Read This: The Critical Role of the ‘Henry Term Sheet Rule’ in Mediation
Some may have experienced what I call the “Friday afternoon problem” in mediation. After a long day, you have hammered out the four corners of
Mediation is the Food Truck of Dispute Resolution
Research in a variety of jurisdictions reveals that approximately one percent of filed civil cases reach trial, maybe less in some states.[1] Commentators note several
The 30/30 Piece on Mediation Advocacy
When I was a young associate and handling mediations on my own, I really didn’t get it. I mediated too late in the life of
The Road to Uncovering the Hidden Truth in Mediation
If I have reasonably competent lawyers with equally motivated clients with access to the same information (and those are not trivial caveats), isn’t it fair
Attendance Rules at Mediation and Other Oddities
Few topics engender debate more than the issue of proper attendance at mediation. Even mediators do not agree on the rules and willingly tolerate a
An Open Letter to Judges in Florida: Why Non-Binding Arbitration Stinks and the Role of Early Mediation in Dispute Resolution
The passage of the Florida Mediation Confidentiality and Privilege Act in 1985 (§44.401 et. seq.) and the adoption of new rules of civil procedure in
The Mediator’s Wish List
Now that the holiday season is in full swing, you are probably seeking holiday gift-giving lists. Most mediators want the same thing. Here is a
Happy Thanksgiving: A Message to Lawyers Young and Not So Young
Recently I spoke to the Young Lawyers Section of the Florida Bar and the presentation was “Ten Things I Wish Someone Would Have Told Me
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.
The Next Big Thing: Improving Civil Mediation Practice and the Case for Mediation Optimization Orders
Regardless of your civil litigation practice area, your clients face difficulty getting the case to trial. Administrative orders are abundant in efforts to address the
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
Revisiting Mediation Provisions Within Federal Court Case Management Scheduling Orders
The extent to which federal courts are expected to follow state law has always been one of my intellectual interests. In federal court, the case
Giving to the Givers: A Word About Not-for-Profit Charitable Organizations
I want to discuss non-profits in the context of mediation, and also stress the need to donate now to charitable organizations. They were crushed by
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
Surveys Can Prove Anything, Even the Truth: A Review of Online Mediation
I conducted an informal survey of mediators who belong to the Executive Council of the ADR Section of the Florida Bar asking them two questions.
The Price of Poker Just Went Down: How Smart Defendants Leverage Good Settlements in Catastrophic Cases.
This is the second part of a two-piece article. Last month, we focused on ways claimants can maximize recovery in catastrophic damage cases. This month,
Maximizing Value: A Mediator’s Message to Claimant’s Counsel
This is the first of a two-part article on litigating and settling large exposure cases. As a litigator, I defended several products, premises, and aviation
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,
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
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
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
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).
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
Heading North and Cool Receptions
[et_pb_section][et_pb_row][et_pb_column type=”4_4″][et_pb_text] Another Independence Day has passed, and those of you reading from Florida are probably looking for someplace north of here to spend some
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.
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
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
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
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
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.
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