An Early Approach

Before becoming a mediator I ran my own law office for 20+ years.  My litigation cases were evenly split between plaintiff and defense work. I usually started a plaintiff’s claim by filing a complaint.  This approach made sense:  Service on the defendant let them know...

What’s the Difference?

I recently visited with some friends who have been in the ADR business for years.  I shared with them my observations about mediation work (since I have served as a mediator for nearly 10 years). My takeaway?  It’s an unusual business. We start a mediation with a...

What’s Up With the Other Side?

When I was fresh out of Law School, my first employer shared with me this observation: “Cases only go to trial when an important fact isn’t known or if people don’t correctly evaluate their cases.” That’s a true statement. If one side knows a critical fact unknown to...

A Refusal to Mediate

I recently heard of a case where the parties settled . . . after 63 moves. No kidding. Sixty-three moves.  How does that happen?  Many cases settle after a handful of moves. But sixty-three?  That’s a lot. Apparently the plaintiff wanted a lot.  A whole lot.  And the...

A Million – or Five

Two of my granddaughters are sisters. One is 6 and the other is 3 years old. They recently had the following interchange: 6 year old: “How many pecans do you want?” 3 year old: “Like, a million.” 6 year old: “I can give you five.” 3 year old: “OK.” Classic sibling...