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 […]

I AM SEEKING SPEAKING ENGAGEMENT OPPORTUNITIES

I’d like to add more speaking engagements to my 2026 calendar. You know what I mean:– Lecturer– Panel Member– Podcast GuestSomething where I can share information and my experiences with others at professional association events or online. I’m looking for opportunities related to law, medicine, mediation, or arbitration. If the event provides CLE and/or CME, […]

TODAY’S TIP FOR SUCCESSFUL MEDIATION – THE MEDIATION BRIEF

To get a better chance of success (aka settlement) at mediation, spend time and put work into creating a mediation brief. Then, make sure to get that brief to the mediator so that the mediator has plenty of time to read and consider it. The first part of a mediation should not be spent bringing […]