Mediation Blog

Draft a Settlement Agreement “Simple solutions seldom are. It takes a very unusual mind to undertake analysis of the obvious.” ~Alfred North Whitehead Negotiation is stressful and strenuous, so drafting a mediated settlement agreement at 10:00 p.m. is a recipe for malpract

Plan Your Exit “Every exit is an entry somewhere else.” ~Tom Stoppard Planning for mediation must include not only preparation for the mediation but also final resolution planning; your exit strategy. Planning your Mediation Exit Strategy Remember that the decision belongs

Increase the Likelihood of Success through your Conduct “Nothing gives one so much advantage over another as to remain always cool and unruffled under all circumstances.” ~Thomas Jefferson When your client attempts to settle a case through mediation, your conduct is direct

Develop a Plan for Movement “Plans are nothing; planning is everything.” ~Dwight D. Eisenhower Why is it that bright trial lawyers who plan and prepare extensively for trial so often fail to plan for mediation? Often, trial planning is a result of long years of training an

Plan Your Mediation Presentation “I’m just preparing my impromptu remarks.” ~Winston Churchill Preparing your mediation presentation ensures that you have everything organized appropriately and in readily available. Proper preparation goes hand in hand with resolving

Know Your Mediator “Knowledge comes by eyes always open and working hands; and there is no knowledge that is not power.” ~Ralph Waldo Emerson Create a Partnership with your Mediator Investigate the mediator’s background, style and reputation for skill in helping part

What do you get when you cross a lawyer and a social psychologist? The American Bar Association found the answer to that question in the publication of Psychology for Lawyers, a well-written, interesting book by Jennifer Robbennolt and Jean Sternlight. The book covers a wide range of

The Program on Negotiation at Harvard Law School has been a leader in the research and analysis of negotiation for many years. A question examined and re-examined over the years is, “Who should make the first offer?” Research shows, unequivocally, that in a distributive negotiation, (

The Southwest Florida Chapter of the American Board of Trial Advocates (ABOTA) is pleased to present “Mediation and ADR: Insights from the Mediators, Bar & Bench” on Friday, June 6th at the Hilton Garden Inn Fort Myers Airport from 8:30am-Noon. The half-day program wil