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 breach or some bad practice. There is a fair amount of problematic behavior largely arising from good intentions but myopic vision. We could start with the language of the written […]
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 1987 governing mediation changed the landscape of dispute resolution in Florida. Mediation became a fixture in the dispute resolution process following legislative action and then judicial implementation. However, over the […]
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 list of things most mediators would like to receive in case you are still shopping for the holidays. Mediators would like attorneys to confer with one another in advance to […]
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 30 Years Ago.” This article flows from that presentation. Balancing work, family, personal interests, fitness, and other commitments is difficult, and most commentators now suggest “balance” is probably the wrong […]
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 COVID-related backlog. Mediation is an obvious exit ramp on the crowed interstate of civil litigation. Compared to trial advocacy, mediation advocacy is also underappreciated for a host of reasons, and […]
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 institutional purchaser of legal services evaluate different law firms? Recent surveys reveal […]
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 management scheduling order will include directives related to mediation. There are differences between state courts and federal case management orders (CMSOs) that warrant discussion. Many CMSOs from the Middle District […]
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 COVID-19. Not-for-profits frequently gather a significant portion of the operating budget from sponsored events and fundraisers, almost all of which were cancelled during the pandemic. When the economy suffers, consumer […]