Five Kinds of Cases

When it comes to mediated settlements, there are five kinds of cases: Cases that are going to settle Cases that won’t settle at mediation, period Cases that could settle but don’t because of incomplete preparation Cases that will settle following typical settlement...

A Deliberate Brief

Here’s a bit of feedback from one who reads briefs for a living. Before you begin writing, take a moment and reflect on the purpose of your brief. Important threshold questions might include the following: – Who is my audience? – What does my audience...

Where Are You?

I’ve conducted a lot of negotiations. I was a litigator for more than 30 years. I’ve negotiated a lot of business transactions. Since 2016 I’ve worked as a neutral. I’ve mediated many cases – first as a lawyer and then as a mediator. During this time I’ve...

What’s It All About?

After becoming a mediator in 2015, I attended the annual meeting of the ADR section of one of the local county Bar Associations. The keynote speaker said something that instantly got my attention. During the course of their remarks the speaker asserted that there are...

A Study in Power

Power is the ability to make things happen. We might own the most fantastic kitchen or laundry appliances but without power they do nothing. We might have the coolest car, the fanciest boat or the biggest airplane but without power they go nowhere. As a kid I was...

Talk to Me

When my kids were young they didn’t have a good understanding of what their dad did at work all day.  So I tried to break it down for them.  I’d tell them that “I read a bit; I write a bit; I talk on the phone.  That’s about it.” I’m sure that didn’t sound like a...