Monthly Archives: May 2011

Who Should Suggest Mediation?

I have often been asked whether an attorney shows weakness if the attorney suggests mediation.  In 1998, when I began mediating, this was a frequent concern.  Fortunately, at that time, I was the Chief Appellate Mediator at the Utah Court … Continue reading

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Stop, Look and Listen: Is an Apology Helpful?

Is an apology helpful in mediation?  The short answer is maybe.  Apologies can be helpful.  They can also be destructive.  The art of apology is helping a client and lawyer think through whether the apology will be productive.  Hearing the … Continue reading

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Reading Emotions: Fear and Lying

We interpret body language and emotions through our own lens.  What assumptions do we make?  Are the assumptions accurate?  I learned that many of the common American beliefs about body language are inaccurate. What we do know is that people … Continue reading

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A New Tool for Working With Difficult People

High emotion is a standard part of mediation.  Clients and lawyers both can be emotional.  Working with these emotions effectively can save time in mediation, money over the long haul for the parties, and aggravation for clients and their families … Continue reading

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