Exploring the dark art of mediation
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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,
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
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,
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
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.
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
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