Is Your Advocacy Helping or Hurting Your Negotiation? Not long ago, I received one of the most unusual mediation briefs I’ve encountered. At first, it appeared to be a typical brief for a half-day mediation, but a quick scan of the document stopped me in my tracks. The brief questioned why the mediation was taking
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Pickleball, Mediation, and the Art of Adjusting
I took a short break recently—hope you had a chance to recharge too. During that time, I found myself playing pickleball. Now, let’s get this out of the way: I’ve always been loyal to tennis. It’s been my sport for years. So picking up a pickleball paddle feels… let’s say questionable. Almost like I’m betraying Continue reading
The Power of Patience: Why Full-Day Mediations Work
Mediations often require navigating a tangle of emotions, facts, and competing interests. This truth became vividly clear in a recent case I mediated—one that exemplifies why a full-day mediation can be crucial for resolving challenging disputes. The case began with a plaintiff who was taking things personally. They had high numbers in mind, driven Continue reading
Upcoming Webinars: October & November 2024
I will be offering a selection of complimentary webinars on October 29, November 6 and 26. Webinar 1: Unlocking Success in Mediation: Proven Techniques for the Best Outcomes Join us for a complimentary webinar led by an experienced mediator who has managed a wide variety of cases and consistently delivers results: “Unlocking Success in Mediation:
Continue readingWhy Full-Day Mediations Excel at Settling Challenging Cases
When it comes to mediation, the time and resources you invest can significantly impact the outcome. While a half-day mediation might seem like a more efficient or cost-effective option for some cases, there are scenarios where a full-day mediation can offer the best opportunity for settlement. Let’s explore why a full-day mediation is often worth
Continue readingUnlocking Success: Strategically Using Mediation Memos to Achieve Better Personal Injury Settlements
Mediation serves as a crucial stage in any personal injury case, offering a pathway to resolve disputes without the uncertainties and expenses of a trial; the strategic use of mediation memos is key to its success. This process not only expedites resolution but also allows all parties involved to move forward more quickly, reaching a
Continue readingWhy Do Global Mediations Make Sense?
Read Marshall’s latest blog post, Why Do Global Mediations Make Sense? to learn why it is optimal to mediating tort, accident benefits and long-term disability claims together.
Continue reading5 Tips For Making The Most Out Of Your Mediation
Originally published in December 2020. Last updated January 2024. I’d like to offer five tips that could pay off for you and/or your client in mediation. 1. Preparation Is Key. As Benjamin Franklin once said, “By failing to prepare, you are preparing to fail. Advance work preparing your client for what to expect at mediation
Continue readingAchieving Success In Mediating Catastrophic Injuries
Originally published on OBA.org on November 02, 2023. Republished with permission. Personal injury cases involving catastrophic injuries can be some of the most hotly-contested actions in this field of law – and it’s little wonder why. Significant amounts of money – sometimes millions of dollars – are often on the line. For the plaintiff, the
Continue readingMake The Most Of Your Opening Statements At Mediation
Originally published in September 2022. Last updated October 2023. Often, counsel believes that openings at mediation are a “waste of time” that unnecessarily delay getting down to negotiating. Some lawyers believe they usually do more harm than good. I don’t agree. Although there may be certain cases or areas of law where opening statements are
Continue readingEmpathy: What it Means, and Why it is Important
I’ve long believed in the importance of bringing empathy to mediation proceedings. In fact, I hold it as one of the most important soft skills needed to create movement during a mediation. When opposing parties are empathetic towards each other, that allows them to move past their positions to their interests – what they really
Continue readingOptimism: The First of Three Soft Skills Every Mediation Needs
Hard skills, such as legal expertise and preparation, are essential to bring to any mediation. But when soft skills are also brought to the table, I’ve found it significantly strengthens and amplifies those hard skills, the two combining together for the lawyers, clients, and mediator in effectively moving a stalled case along. What do I
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