Category Archives: Tips

From the recent Dade County Bar Association’s Judicial Luminaries Dinner:  Beware of how close you come to “the line” in making your arguments.  Judges will remember when you’ve led them to make a decision that gets reversed on appeal because … Continue reading →

One of the best litigators I know tells me that he often attends more complicated mediations armed with one or more draft settlement agreements.  Among the benefits: (i) focusing on the important points, (ii) saving time at the mediation, (iii) … Continue reading →

We tend to assume that a concession in a mediation must really cost our client, financially or otherwise.  But occasionally you can make headway by giving a token concession – a concession that costs little.  By inspiring reciprocation, a token … Continue reading →

Common sense tells us that you should watch for indications that your client (or the other lawyer’s client, if you have met him or her) may have some tendency to violent behavior. Uncontrolled outbursts or profane language in a nasty … Continue reading →

Have a Well Thought Out BATNA Your best alternative to a negotiated agreement, or BATNA, is very important.  Before every mediation, work with your client to develop a well-considered BATNA.  Evaluate all alternatives including, of course, continuing the litigation. Happy … Continue reading →

In earlier Tips I’ve discussed up the importance of listening to your opposition, not just thinking about making your own case.  Lack of real listening will render you more vulnerable if opposing counsel employs difficult tactics against you, such as lying, questioning … Continue reading →

Unfortunately, we all need to be alert to backpacks, handbags or briefcases which appear heavier than normal or suspicious bulges in someone’s clothing. If you are concerned you need to take appropriate action under the circumstances to assure everyone’s safety, including … Continue reading →

Be aware that the final resolution of many mediations may be the result of a series of agreements on smaller issues that allow you to move towards solving the main problem.  Last week I mediated a suit where that was the … Continue reading →

A Happy and Healthy New Year to All.  I hope your victories in 2017 brought you pride but not blindness.  I hope your defeats in 2017 brought you knowledge but not despair.  In 2018, I wish you good health, where it all … Continue reading →

At the Dade County Bar Association’s recent “Over the Rainbow” dinner to benefit Dade Legal Aid, I had the good fortune to be sitting next to litigator Ingrid Benson-Villegas, a regular reader of my Tips for Litigators From Mediatorman.  I … Continue reading →