Category Archives: Mediation Advocacy

Mediation and Negotiation by Skype?

Should you mediate by Skype?  Perhaps.  There are benefits and warnings. When a recent case was scheduled and one client would not be present in person, an attorney called me to discuss the client’s participation by telephone.  After a short … Continue reading

Posted in Confidentiality, Difficult People, Emotions, Ethics, law, mediation, Mediation Advocacy, Settlement | Tagged | 5 Comments

iPad Mediators

Have you ever been in a mediation and the damn mediator is working harder on his iPad than on your case?  Erg.  This is not the first time I have heard this complaint.  I have a friend who recently had … Continue reading

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HOA Boards: Mediation vs. Arbitration?

You find yourself on a community association board.  Homeowners are complaining about leaking roofs, damaged walls and soggy carpet.  The board’s attorney has filed a lawsuit against the roofer.  The roofer sued the general contractor and the developer who both … Continue reading

Posted in Arbitration, Community Association, Construction Defect, HOA, law, mediation, Mediation Advocacy, Settlement | Tagged , , , , | Leave a comment

Mediator Selection: What Mixture of Skills?

Mediator selection is one of the more important decisions you will make as you prepare for mediation. Check with others about their experiences with mediators.  Think carefully about what all attorneys and clients need.  But, most importantly, interview the prospective … Continue reading

Posted in Appellate Mediation, Joint session, Mediation Advocacy, Opening statement, Settlement | Tagged , , , , , , | Leave a comment

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

Posted in Body Language, Difficult People, Emotion Recognition, Emotions, Lying, mediation, Mediation Advocacy | Tagged , , , , | Leave a comment

Meet the Mediators

If you want to meet many of the most talented mediators in the world, come join us in Denver April 13-15, 2011.  I’m not kidding.  This is one of the best meetings of the year. I have always enjoyed the ABA … Continue reading

Posted in Diversity, Emotions, Ethics, law, mediation, Mediation Advocacy | Tagged , , , , , , | Leave a comment