Getting in the Reps Younger lawyers – are you getting in the reps? This morning as I was working out, the trainer kept pushing the class. “Finish your reps.” “[Muscle] failure is where the growth begins.” It’s not much different in the legal practice. No matter how many books we

Equipping Your Client ForSuccess in Mediation, Part 2 Have you ever been in a mediation where you believed the case could be settled on terms that would be in your client’s best interest, but your client had a mindset that made settlement impossible? When I use the term mindset, my

Unlocking the Power of Choice Through Mediation The Power of Choice At the heart of mediation is the power of choice. Unlike a trial, which places decision-making in the hands of a jury or judge, mediation empowers the litigants to choose how the dispute will end. The mediation process recognizes

The Art of Give and Take​ One of the most powerful principles influencing human behavior is the rule of reciprocity. If someone does something for you, you feel an obligation to do something in return. Society looks down on those who don’t reciprocate. Reciprocity is a powerful force that the

The Mediator’s Dilemma:Will a Mediator’s Number Help or Hurt? My first exposure to a mediator’s number was about 25 years ago. I was representing a party in a will dispute. The mediator was a retired judge who told us he didn’t need to hear opening statements. The mediator met with

Patience and Mediation “The two most powerful warriors are patience and time.”-Leo Tolstoy “All we need is just a little patience.”-Guns N’ Roses Patienceis one of the virtues most closely connected with success in mediation. Patienceto listen to the other side’s position. Patienceto endure unreasonable early moves by the other

Mediation Advocacy:The Significance of Opening Demands and Offers In three decades as a trial lawyer and twelve years as a mediator, I have never seen the plaintiff accept the opening offer at mediation, and I have never seen the defendant pay the opening demand. While it’s rare for the plaintiff

Surviving the Season: A Mediator’s Not-So-Serious Guide to Navigating Family Political Debates The holidays! It’s a time for festive cheer, questionable sweater choices, and the annual gladiatorial spectacle of Uncle Ernie and Aunt Edna’s political debates. Buckle up, it’s going to be a bumpy sleigh ride. Once again you will

Mediation Basics – Preparing the Client By: Rick Morefield Failing to fully prepare a client for mediation is one of the most common errors I see newer lawyers make in mediation. Newer lawyers know that it is important to educate the mediator about the case, but they sometimes miss the