News and Opinions (Blog)

Welcome to my mediation and arbitration blog. This blog will provide you with insights, updates, and valuable information on mediation and arbitration services. Here, you will find a wealth of resources designed to help you navigate the complex landscape of mediation and arbitration. From practical tips and case studies to in-depth analyses of recent legal […]

THINGS YOU MIGHT HEAR ME SAY IN MEDIATION

THINGS YOU MIGHT HEAR ME SAY IN MEDIATION (Episode 259) [TO A PARTY] I received briefs from the attorneys. Those documents contained their versions of facts and legal arguments about your case. However, it’s your case, and hearing your description of what happened helps me to not only get a better understanding of the events […]

A VERY LONG ESSAY ON WHY MOST MEDICAL MALPRACTICE AND MOTOR VEHICLE CASES SHOULD, AND DO, SETTLE

Get yourself a fresh cup of coffee and sit in a comfortable chair, because this is going to be a heck of a long read but worth the time. You want to know why most medical practice cases and motor vehicle cases should, and do, settle? You ready? Here it is… Because only in the […]

MEDIATION PREFERENCE: FACILITATIVE, EVALUATIVE, OR BOTH

Academics will argue that I’m simplifying and leaving out a lot of specifics, details, and exceptions… To which I respond by saying, “There will be no test on the contents of this post.” Mediators have three approaches to mediating: (1) Facilitative; (2) Evaluative; and (3) a combination of both. Facilitative mediations are where the mediator […]

TIMING IS EVERYTHING

MEDIATION TIP_____Scheduling a mediation at the right time (stage) of a case is one of the many important factors needed for a successful (ending in settlement) mediation._____Too Early?The parties don’t have enough information (not enough investigation, discovery, motion work, etc.) to have a grasp on damages and chances of success at trial._____Too Late?The parties become […]