Category Archives: Tips
Mediator’s Stature – Retired Judges
On retirement, it is common for judges to become mediators. The judicial experience is unique and gives a perspective that is very special. At the same time, any judge will tell you there is a world of difference between being on the … Continue reading
Choice of Mediators – Summing it UP
Choice of Mediators: Summing it Up: In the end, you want the mediator whose personality, style and experience will best help you achieve your goals.
Choice of Mediator – Who is Your Client?
What approach will best work with your client? Socratic? Forceful? Somewhere in between? Some mediators have one gear. Others can shift as the situation requires. Try to select a mediator whose style will be most effective with your client and … Continue reading
Choice of Mediator – Familiarity with Area
Choice of Mediator – Familiarity w/Area 12/9/2015 How important is it that the mediator have a background in the area of your litigation? To some extent, there probably is an inverse relationship; the better and more experienced the mediator, … Continue reading
Thanksgiving Message
Today is Thanksgiving. With recent world events, perhaps never in my life have I been more aware of the comfort, safety and love that I enjoy. I pray that this continues for me, my loved ones, you, your loved ones … Continue reading
Conversation Fertilizes Thought
Be it commercial, real property, family, probate, IP, PI, admiralty or something else, every dispute brought to you has issues which your client has not been able to resolve. You’ve been working hard on your case. By the time you … Continue reading
Lack of Authority – What You Can Expect From Your Mediator
Untitled Document A party appears at your mediation without full settlement authority. What are the mediator’s options? Answer: If the mediator is court-appointed or certified, the only option is to terminate and report no agreement. He or she is bound … Continue reading
Who’s NOT Across the Table – Authority to Settle
A party appears at your mediation without full settlement authority. What are your options? First, maintain your composure and evaluate (that applies to just about everything). Yes, this may be a sanctionable event, but it is not at all uncommon … Continue reading
Who’s NOT Across the Table – Authority to Settle
If you are concerned about whether a party will have someone at your mediation with the requisite authority, be aware of FRCP 1.720(e). This rule requires that 10 days before appearing at a mediation all parties file a Certification of … Continue reading
Who’s NOT at the Table – Outside Voices, continued
Last week’s Tip elicited a number of responses. One of the most interesting, from Rosemarie Roth, Miami family law and Collaborative Family Law attorney and certified family mediator: “Bill, In family law I have always referred to outside voices as … Continue reading