Category Archives: Tips

A few months after a mediation I handled, I ran into an attorney who represented one of the parties.  The other side was pro se.  In my opinion this attorney did an excellent job.  To my surprise, he told me … Continue reading →

Passions are running high.  Tempers are thin.  Fatigue is wearing at everyone, counsel and clients alike.  Here, a break of an hour or so for rejuvenation and cooling may be just what the doctor ordered. Today we celebrate the birthday … Continue reading →

Shall We Adjourn? 1/12/2015   This question will arise in different situations.  The end of a long day.  Everyone is tired.  Maybe travel schedules are involved.  Adjourn?  Don’t do it!  If there is any way to keep everyone at the … Continue reading →

Be ready to change your position based upon new information disclosed at a mediation.  This occurs more commonly in mediations held early in the litigation, before extensive discovery.  You will be doing your client a great service in terms of … Continue reading →

12/29/2014 On this last Monday of 2014, please let me take this opportunity to wish everyone a Happy and Healthy 2015.  May it be a year first of good health, then peace, prosperity and good times for you and your … Continue reading →

You know your case. You know your client. You know what you want to achieve at your mediation. But factors often come to light at a mediation you had not considered. Assuming the mediator is someone you respect and trust … Continue reading →

One of the more important services a mediator can provide is bringing reality to your client’s evaluation of his or her case. When your client does not speak English you have to decide whether translation or interpretation will be effective. … Continue reading →

Motion Practice, continued 12/1/2014   Don’t read your argument! Have your bullet points for reference.  Know them and be ready to present them clearly, looking the judge in the eye. Without an email or call, you can schedule a mediation … Continue reading →

Motion Practice, continued 11/10/2014 One of the most common mistakes attorneys make in the presentation of their motions is speaking too fast.  Take your time!  A clear, succinct presentation is far more effective than one packed to the brim but … Continue reading →

Motion Practice, continued 11/3/2014 Your presentation should be clear and concise.  A very experienced litigator I spoke with told me he always has two presentations prepared.  One if he is given his full allotted time and a second if his … Continue reading →