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Arbitration & Mediation

CKA Mediation and Arbitration Services Blog

All aspects of alternative dispute resolution, mediation, arbitration and recent developments in Georgia law.
By Christopher Annunziata

Post Frequency: 0.7/day

Last Entry: October 30, 2009 at 16:32:06

At Least the Lead Role isn?t Brad Pitt or Orlando Bloom

Posted on October 30, 2009
or some other guy that women find “dreamy” or “hunky.” Sarah Shahi lands role as divorced lawyer who becomes a mediator.

The Joys of Dealing With the Pro Se Party ? Part 1

Posted on October 26, 2009
Sometimes, my job is somewhat humorous, which is a relief because a lot of the time I am dealing with people in stressful situations. Every time I come home with one of these stories, my lovely wife suggests that I save them and write a book. Maybe someday I will do that...

Thank you Strategic Mediator

Posted on October 21, 2009
Once again, I am honored and humbled by the recognition of my colleagues in the ADR blogging community. Please take some time to visit Sandra Upchurch and her excellent blog at http://uwwm.blogspot.com/. And once again, it reminds me that I need to get back to writing...

This Oughta Be Fun.

Posted on October 02, 2009
I need a new car. Not because I want one. Not because I want to give up a perfectly reliable, good looking, completely paid off car, but because someone T-boned us on Peachtree Street last Saturday. My neck, shoulders and upper back have been sore all week, and Melissa has a bruised knee and seat [...

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We Shall Never Forget.

Posted on September 11, 2009
On this 8th Anniversary of the tragedy of September 11th, I offer only a short post. Remember the fallen. -Thomas E. Franklin / The Record – (Bergen County NJ) Fr. Mychal Judge, O.F.M. – He was simply Fr. Mike to those of us at St. Joe’s, in tiny West Milford, NJ.

Pawn Stars and Shark Tank ? Proof that Americans Have Lost the Art of Negotiation.

Posted on September 11, 2009
As the dog days of summer dwindled, I stumbled upon two new TV programs that I found fascinating on several levels. The first was Pawn Stars, a “reality” show about a family run pawn shop that mixes a little Antiques Roadshow with the dysfunctional family dynamics of American Chopper...

Roy Pearson: the Definition of Insanity?

Posted on September 09, 2009
It’s getting to be quite absurd with our old friend Roy Pearson. Despite the fact that he is apparently the only “judge” who will take his claims seriously, he has appealed his latest benchslap to the D.C. Circuit. Oh goody. More traffic for me...

Not Every Mediated Settlement is a Good Settlement.

Posted on September 07, 2009
A little caveat for this post. I am stepping slightly outside my bounds as a neutral here. Some might say that it is not my place as a mediator to comment on the reasonableness of a settlement. I agree. When I am the mediator on that case. The rest of the time, I am entitled [...

The Return of the Blog.

Posted on September 02, 2009
Having recently been cited as one of Mediation Blogging Maven Diane Levin’s “24 Blogs to Follow“, I guess I owe it to any new readers to produce some new material. I am caught at a loss, because I wasn’t really planning on doing that, and haven’t seen anything come across the various news/blog/web sources that I [...

Happy Trails, Geoff.

Posted on August 13, 2009
I seriously doubt that any of you who read my blog do not read Geoff’s. But in case you don’t, Kiwi Mediator and blogger extraordinaire Geoff Sharp is stepping down from his mediation blog, mediator blah…blah. Geoff’s blog was one of the first I found as I was researching whether and how to dive into the [...

Some Good Natured Ribbing

Posted on August 05, 2009
Reading Overlawyered today, I chuckled at Walter’s description of this story over at LegalBlogWatch about lawyers being fooled by fake Twitters. Then I read the story. Turns out that one of the mediation blogging community’s very own, Vickie Pynchon was one of those fooled...

Win-Win Thinking on YouTube

Posted on August 03, 2009
Mediators often speak of the win-win: parties working together to make the pie larger or construct a settlement or agreement that allows both parties to benefit. This is often a difficult concept for many people to work, especially in the world of intellectual property...

Roy Pearson Loses Again.

Posted on July 31, 2009
It’s Friday, and what would it be without a good laugh. Thankfully, my favorite laughingstock, Roy Pearson, is back in the news. If you don’t recall, Pearson was a ALJ who sued a dry cleaners for $50 million over a pair of pants. He got his ass handed to him by the Court for that [...

Negotiating Tips from a Country Lawyer

Posted on July 28, 2009
Very good tips from Patrick at Popehat. While he may have meant many of these tongue-in-cheek, or as a criticism of a specific person, the underlying truths remain the same. For example: In general, never tell anyone that you are well-versed in the law, even if you are an attorney...

Talk to Your People, They May Surprise You.

Posted on July 27, 2009
In this uncertain economic climate, with completing camps claiming the economy is exhibiting “green shoots,” “stagflation” or is still miles from “rock bottom”, many employers are cutting costs by terminating workers...

You Catch More Flies With Honey.

Posted on July 15, 2009
That’s what my wife always says. Apparently Nancy Hudgins agrees. Seems like common sense to me. Who wants to deal with an abrasive jerk?

New Georgia Ethics Opinion Results in First Ever ?De-Registration? of Mediator

Posted on June 30, 2009
As I have mentioned in the past, the Georgia Office of Dispute Resolution (GODR) oversees the court-referred mediation programs in the State of Georgia. Georgia has minimum training and professional experience requirements for mediators that wish to accept court-referred cases...

More Divorcing Couples Utilize ADR.

Posted on June 17, 2009
A recent survey of Certified Divorce Financial Analysts (CDFA) indicates that a vast majority of those polled stating that the number of clients unable to continue to afford their services in this economy has increased since the previous year. They further commented that this will result in more clients seeking a more cost-effective alternative to [...

Why mediation works.

Posted on June 15, 2009
I came across this interesting quote the other day: We are generally the better persuaded by the reasons we discover ourselves than by those given to us by others. - Blaise Pascal I think this effectively illustrates why mediation works. As I discussed before, [Mediation] provides the litigants their last and best opportunity to take control of the outcome [...

Technorati Profile

Posted on June 08, 2009
Technorati Profile

Technorati

Posted on June 01, 2009
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Wherein I Stopped Being A Mediator and Started Being a Businessman.

Posted on May 29, 2009
Quite plainly afraid of confrontation, he always calls in the 7:00 hour, morning or night, wholly unaware that my office line rolls to my cell. Like the other conversations, it beings with the exhortation that he is trying to pay me and isn’t avoiding me...

What brought you here . . . and will there be a blog for you to read anymore?

Posted on May 23, 2009
Every now and again, Popehat (one of my favorite blogs) examines the “Road to Popehat“, that is, the search queries that bring random guests to their blog. Of course, I have far fewer readers than the Ken, Patrick and Ezra, but I thought I’d do the same thing...

These Guys Give Ambulance Chasing a Bad Name.

Posted on May 20, 2009
Esquire recently posted five of the most poorly produced, highly offensive lawyer ads you’ve likely ever seen. These are ads that make the guys on the sides of city buses look like Clarence Darrow. One guy laments the fact that he can’t serve you the wrongdoer’s severed head on a platter...

Please support me in this charitable cause!

Posted on May 13, 2009
I know I’ve been offline for a while, but I’ve been quite busy. Some work, some travel. I am hoping that my friends and colleagues will support me in a charitable event this weekend - May 17, 2009. I am cycling in the American Diabetes Association’s Tour de Cure fund-raising event with my friend Mike, [...

I?m the fool.

Posted on April 29, 2009
I pity myself for acting like a little girl and whining about the possibility of sitting on jury duty for 4 weeks to help convict 6 violent criminals when Mr. T appeared for duty willingly and happily. Popehattip

Don?t Mediate that Case??

Posted on April 28, 2009
Sandra Upchurch of the Florida-based mediation practice group Upchurch Watson White & Max discusses an interesting article from Human Resources Leader magazine entitled, “Don?t rush to mediate that employee complaint ?” The article makes some interesting points about cases for which a face-to-face negotiation could be detrimental.

How to Screw Up A Mediation.

Posted on April 17, 2009
Over at The Strategic Mediator, Florida Mediator Sandra C. Upchurch spells out the Top 10 Ways that a practitioner can “botch” a mediation (she’s more polite than I). She echoes the complaints I repeatedly hear from fellow mediation practitioners and other bloggers...

Some Link Love - The Strategic Mediator.

Posted on April 14, 2009
Diane Levin recently linked to a new mediation blog - The Strategic Mediator. Written by the Florida based mediation panel of Upchurch Watson White & Max, it is a welcome addition to my Google Reader.

A Word to Employers - Don?t train ?In-house? mediators for employment disputes.

Posted on April 14, 2009
Andrea Bucklow of The Mediation Times has an interesting post imploring businesses to resist the temptation to train in-house “mediators” to resolve HR and employment related disputes. While the idea may come across as protectionist, Amanda makes some very important and interesting points that counsel against the concept...

Live blogging jury duty.

Posted on April 13, 2009
As some of you may know, I was called for jury duty. I will try to document this wonderful experience as it happens. So far already today, we were informed that we could donate our jury stipend to the “liberry”, so it’s off to a bang up start...

I sue. You sue. We all sue for ice cream?

Posted on April 09, 2009
Yes, it’s happened again. It’s so routine, I’m not sure why I’m mentioning it. Another helpless adult was viciously injured by an 8-year old boy “making a mad dash” to get ice cream at school. It’s a good thing the poor, poor teacher’s aide has a lawyer like to protect her against that scourge of [...

Never underestimate the power of a meaningless gesture.

Posted on April 01, 2009
When I first read the story of Ria Ramkissoon, I was horrified that such a story could still happen in 2009 in a civilized, modern society. In short, Ms. Ramkissoon is a member of a whack-job cult. At some point in 2006, the leader of the cult, “Queen Antoinette,” decided that Ramkissoon’s one year old [...

An uphill battle against the stigma of being ?court-appointed.?

Posted on March 31, 2009
I recently received a call from an attorney scheduled for a court-referred mediation: “Chris, this is Lawyer X. We’d like to cancel the mediation. Don’t take this personally, but we’ve decided on another mediator.” Of course, I took it personally, expressed my disappointment and politely pressed the issue with the lawyer...

I hate technology sometimes

Posted on March 13, 2009
My newfangled Blackberry Curve erased ALL of my calendar entries prior to the date I got it. ALL OF THEM. So, now I have no idea where I was in 2008. And the auto archive happened to run in between the LAST auto archive and the glitch that erased everything prior to [...

What, exactly, is a Kumbaya Singing Mediator?

Posted on March 06, 2009
Seriously? I recently found myself telling someone that “I’m not a mediator that wants everyone to sing ‘Kumbaya’”. Having never actually sung “Kumbaya,” I realized that I am not sure I know exactly what that means...

Georgia and South Carolina Courts Favor ADR.

Posted on March 05, 2009
Every once in a while, someone will ask me, “Can you really make a living mediating full time?” Despite any lingering doubts (especially that one month early on when I made $75 on mediation), I would always respond, “Yes.” Well, the Augusta (GA) Chronicle recently reinforced something I already suspected knew: Georgia Courts favor the [...

Am I THAT Out of Touch?

Posted on March 03, 2009
In the past few weeks, I’ve run into some head scratching cases in the small claims court. Cases that make me wonder, “Have I completely overestimated what the average lay person understands about the law?” I’m not talking about the Rule Against Perpetuities, ERISA, or arcane sections of the Tax Code...

Fordham Law Symposium - ?Against Settlement?: 25 Years Later.

Posted on March 02, 2009
One of the worst things about being 900 miles from my law school alma mater is that I typically cannot attend the excellent events they hold. Case-in-point: Against Settlement: Twenty-Five Years Later. The Fordham Law Review has assembled an impressive roster of well-known professionals from the ADR, complex litigation, and public interest communities to discuss [...

If Lawyers Dump the Billable Hour, Are Mediators Far Behind?

Posted on February 25, 2009
Evan R. Chesler, presiding partner at Cravath, Swaine & Moore in New York, recently called for firms to “get rid of the billable hour.” There have been other similar calls , one notably by noted lawyer/Hollywood author Scott Turow, as well as other obituaries about the death of the billable hour...

Mediation Naysayers Abound Despite Popularity

Posted on February 24, 2009
The Des Moines Register recently reported that “Iowans, like many Americans, have turned increasingly in the last decade to out-of-court solutions such as arbitration and mediation to resolve civil disputes with less cost and hassle.” I guess I should be praising the people of Iowa for embracing ADR and mediation as a means to unclog their [...

Is it really ?clear??

Posted on February 19, 2009
The anonymous “NJmediator” writes today, “Clearly, as a mediator, I cannot believe that legal confrontation will lead to the best outcome, for either party.” Is it really that clear? Does being a mediator permanently and mutually exclude you from believing that sometimes, a “legal confrontation” is both necessary and essential to reaching the “best outcome”? As a mediator, [...

Well That Was Odd.

Posted on February 17, 2009
I didn’t question the first $40 check . While I told this particular party I would waive his (already reduced) fee due to his being on Social Security disability, I figured he was trying to make good. The second $40 check gave me some pause, but I still figured this party was trying to pay what [...

New Blog - Mediating Certainty

Posted on February 16, 2009
It seems like there is an explosion of new ADR related blogs recently (Zebra Mediator and Enjoy Mediation come to mind). Over the weekend, John DeGroote informed me about Mediating Certainty, a legal blog published by Keith A. Jones, an attorney and mediator from West Virginia...

Best Wishes for a Full Recovery to Justice Ginsberg

Posted on February 15, 2009
It appears that it was caught at an early stage and her prognosis is excellent. My father-in-law is fighting cancer, so I know it can be difficult. Best wishes for a speedy recovery.

Are You Superstitious?

Posted on February 13, 2009
If so, today might not be a good day for you. I hold no beliefs in the supernatural or superstition, so Friday the 13th, or the number 13 are in no way daunting or ominous to me. But it did make me think about luck. Not “bad” luck, but “good” luck...

I missed Lincoln?s Birthday yesterday.

Posted on February 13, 2009
But I love this quote, so I’ll post it today: Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man...

Is Co-Mediation an Option for You?

Posted on February 12, 2009
While observing mediations to meet the requirements of the Georgia Office of Dispute Resolution, I watched a very interesting employment case with a local mediator I know. Because she engaged me in the process, we ended up sort of “co-mediating” the case...

A Mediation Advocacy CLE Closer to Home

Posted on February 10, 2009
My Atlanta readers and clients might appreciate a Mediation Advocacy CLE slightly closer to home. The Georgia Bar is offering their annual class on my birthday - March 18, 2009. Bill Goodman is a well respected former trial lawyer and mediator who will certainly make the class informative and useful...

Brown Bag Lunch and Learn for Bay Area Lawyers - Mediation Advocacy

Posted on February 10, 2009
The San Francisco Bar Association is holding a brown-bag lunch and learn on March 12, 2009 entitled, Preparing for an Effective Mediation. It should be interesting. I am currently working on preparing a similar program that I hope to present here in the Atlanta market this spring...

Really want to keep your dispute ?quiet?? Hire a mediator early.

Posted on February 09, 2009
Mediator Kevin Whitaker recently commented on a news item in which a union official bemoaned the need to bring “a third party [the mediator] into our business.” Kevin suggests that this is because “mediators don?t go around discussing their successes publicly...

New Blog - Youth Services Litigation

Posted on February 06, 2009
I had a very nice lunch on Thursday with Debbie Ausburn, the author of the blog Youth Services Litigation. Debbie has defended day care centers, youth camps, mentoring organizations, and private schools on various issues, including abuse cases. And just so you don’t get too depressed reading about such cases, she throws in the occasional [...

New Mediation Blog

Posted on February 02, 2009
New York based mediator “Jeff” offers us “Enjoy Mediation.” I found it over the weekend and will be looking through his posts when I find some time this week.

A Little Horn Tooting

Posted on January 30, 2009
I am told I am not enough of a self-promoter, so I thought I’d share a wonderful testimonial email I received today from a recent mediation client. No, he’s not a relative and I didn’t pay him off! I am truly very humbled that he took the time to write such wonderful things about me...

Blog Roundup

Posted on January 29, 2009
Here is a short list of interesting posts/blogs I’ve read this week: A new (to me) blog called re:solutions by Dallas attorney-mediator Gene Roberts. One of Gene’s recent posts asks “Is mediation killing big law firms?” I’ll respond in more detail sometime later, but my answer is “No...

Website Updates

Posted on January 25, 2009
Hello all. Please take a look at my website for newly updated and revised content. The layout and look remain the same, but the content should be more user-friendly and informative. Please stop by and take a look. And please, tell your friends, colleagues and enemies! Chris If the site doesn’t look any different, hit the “refresh” button [...

New RSS feed

Posted on January 22, 2009
I switched from Feedburner to the new Google/Feedburner. They say it will redirect traffic automatically, so if the three of you who actually read this blog have trouble with your RSS feed, let me know.

I want my day in court.

Posted on January 21, 2009
Ryan McKeen of A Connecticut Law Blog illustrates one of the common barriers to settlement - a party’s insistence on having their day in court. I see this very frequently during my Monday sessions with a local small claims court. One party will put a meaningful offer on the table and despite my best efforts, [...

House Calls?

Posted on January 19, 2009
A New Jersey mediation provider is now offering “in-home” mediation services for divorcing couples. Ahh, yes. I can see it now. One conniving spouse hiding the baby monitor in the ficus tree so they can hear what’s going on in caucus…...

A Case For Maintaining Mediation Notes.

Posted on January 12, 2009
Back from his aborted summer vacation, Geoff Sharp brings our attention to an interesting article from a Australian mediator Michael Creelman. Mr. Creelman argues that the practice of destroying notes after mediation “could eventually be the downfall of those particular mediators...

A Case For Maintaining Mediation Notes?

The World?s Most Egregious Indian Giver?

Posted on January 09, 2009
You won’t believe what this disgruntled husband wants back in his divorce. And yes, I am perfectly aware that the term “Indian giver” might, by some PC types, be considered offensive. Well, it’s an effective and well-known idiom and I really don’t think anyone goes around muttering, or thinking, “Those damned Indians (or Native Americans)...

Exchange Your Bottom Line Blindly?

Posted on January 06, 2009
I’m sure that at one time or another, most mediation advocates have walked into mediations unsure whether the other side was in the same “zip code”, “ballpark” or even “universe”. Even after a few rounds, even the mediator may be unsure whether that 8 figure demand is bluster or a serious number...

It?s mine now, you whippersnapper!

Posted on January 05, 2009
It’s every 13 year-old boy’s nightmare. Losing your football over the fence and into the “crazy old lady’s” yard. Now thrown in the arrest of the “crazy old lady” for doing her best Lionel Hutz imitation and citing the legal precedent of Finders v...

Happy New Year!

Posted on December 31, 2008
Happy New Year to all!!

It?s FINALLY OVER

Posted on December 18, 2008
Yes, I know that I’m violating my own hiatus, but it is finally over (save for the application for certiorari). The D.C. Court of Appeals this morning rejected Roy L. Pearson Jr.’s request for a new trial regarding his highly publicized $54 million lawsuit against a neighborhood dry cleaners over a pair of lost [...

A Letter to Santa (after legal counsel gets involved).

Posted on December 18, 2008
I received this from a friend and fellow Georgia Tech Bar Association member, Ward Council. Apparently, he has a rather wealthy young trustifarian client who was concerned about his “gift arrangement” with Santa. The names have been changed to protect the naughty innocent...

Happy Holidays

Posted on December 17, 2008
With one week before Christmas, I am officially going on hiatus. Enjoy the holiday season. C

Comment Policy

Posted on December 15, 2008
As you know, this is one of the most least controversial and widely read ignored blogs on the interweb. I get over ten thousand hits per day and have to wade through hundreds of a comment or two an hour per year. Accordingly, I feel it necessary to institute a comment policy, not unlike fellow [...

Almost Cooked by a Goose.

Posted on December 11, 2008
Courtesy of Overlawyered comes this tale of an abusive lawsuit. It has everything: small business owners, ridiculous government regulation, and an overreaching plaintiff. In short, two Canada geese took up residence in a planter located in front of a pool supply store in a strip-mall...

Been ill.

Posted on December 10, 2008
Apologies for the lack of posts, but I’ve been ill with some sort of head and chest congestion. I’ve also come down with a bout of lazyitis.* I’m not much in the mood to read or write about mediation. I’ve got three more cases scheduled before Christmas, so maybe that will inspire...

Poor Economy Affecting Divorcing Couples

Posted on December 03, 2008
The AP has an interesting article about the effect of the economy on divorced couples. I think the title of the article is a bit deceiving, “Couples staying together because of poor economy,” because the people in the article are legally divorced and thus, no longer couples staying together...

Positive Economic News Blog

Posted on December 01, 2008
soapbox As a follow up to my Thanksgiving post, I wanted to give you the link to the source of much of the information I posted: Positive Economic News. I know this isn’t an economic blog, but one of the major benefits of mediation is the full and free exchange of information necessary for both sides to [...

Thanksgiving Week Thoughts

Posted on November 26, 2008
Another year is rapidly coming to a close. While we’ve seen “Change” (whether we can believe in it or not) and global financial unrest, there are still plenty of things for which to be thankful. The nightly news seemingly wants you to focus only on the negatives, but during this time of year it [...

Jeff Krivis? Excellent New(ish) Blog.

Posted on November 25, 2008
I recently found Mediator Jeff Krivis’s new(ish) blog [Not to be confused with a Jewish blog]. Jeff has been a mediator in Southern California for almost 20 years and is a recognized leader in the field of mediation and negoiation. I look forward to some great posts on negotiation, mediation and other ADR news.

Does how write betray our gender (biases)?

Posted on November 19, 2008
Apparently so, says GenderAnalyzer.com. Just plug in your blog’s URL and their “artificial intelligence” will determine whether your blog was written by a man or a woman. According to them, there is a 63% chance that my blog is written by a man...

UK Litigation ?Boom? is a Dud?

Posted on November 18, 2008
UK-based website The Lawyer reports that The number of cases being launched in the High Court has reached a six-year high,?but?the?much-anticipated litigation boom has yet to take off. Fiona Walkinshaw, a litigation partner of a London based firm suggests that ADR is the reason...

The Importance of Having the ?Decider? at Mediation.

Posted on November 18, 2008
No, I’m not actually talking about the decider, George W. Bush, but the ultimate decision maker. While there is no authoritative definition of “mediation,” I think most would agree that a key to successful mediation is the meaningful participation of the parties...

Are We a Society of Procrastinators?

Posted on November 14, 2008
Abraham Lincoln once wrote “Leave nothing for tomorrow which can be done today.” But it seems like most of the people with whom I deal follow Mark Twain’s aphorism,”Never put off until tomorrow what you can do the day after tomorrow...

Pay Tribute to Our Veterans

Posted on November 11, 2008
I know this post is a bit late in the day, but there is still time to pay tribute to our veterans. I did not have the privilege of serving, but know several who have, including an uncle who served during the Viet Nam conflict, and several great-uncles who served in Korea and WWII...

Irritating Mediation Phrases

Posted on November 10, 2008
Over at DIALOGIC Mediation, Arnold Zeman has posted the 10 most irritating phrases/expressions/idioms as compiled by an Oxford University study. At the end of the day, I personally agree with most of them. There are also a few that I’d add. Eh, it is what it is...

No respect, I tell ya. NO respect.

Posted on November 07, 2008
We are a TV household. My wife works in television and we both enjoy a wide variety of shows, including 30 Rock, the Emmy-winning TV show about the behind-the-scene action of a fake TV show. Last night’s episode revolved around dispute resolution, in a roundabout sort of way...

Law Students to Compete in Arbitration Competition

Posted on November 06, 2008
This coming weekend, the National Arbitration Forum and the American Bar Association Law Student Division will be co-sponsoring an Arbitration Competition for nearly 200 law students from around the country. The participants will simulate an arbitration hearing involving a dispute concerning election campaign law...

Oddly, the blogosphere is pretty quiet

Posted on November 05, 2008
On most days, my RSS reader is filled with posts from the blogs I read frequently (see sidebar to the left). I find it very odd that today, of all days, the blogosphere is fairly quiet. I’ve read some interesting chatter from Volokh, but not much else...

President-Elect Barack Obama

Posted on November 05, 2008
An historic event occurred tonight. While I try to remain politically neutral on this blog (and have taken others to task for straying too far into partisan politics), I feel it would be wrong not to acknowledge it. Congratulations to President-Elect Barack Obama...

Vote!

Posted on November 04, 2008
And make sure you vote across the board- not just the Big One.

Sue Magazine?

Posted on November 03, 2008
Is it: a) A Magazine for Johnny Cash fans; b) A Magazine for creepy geriatric sex expert Sue Johanson; c) A Magazine for Women Litigators; or d) The fourth sign of the Apocalypse. You can’t make this stuff up. H/T to Above the Law.

A Halloween Joke

Posted on October 31, 2008
I’m tired of nightly news. I’m tired of the election. I’m tired of the constant barrage of misleading ads from all sides. I’m tired of meaningless and vague rhetoric. I’m simply tired. So, I laughed pretty hard when this hit my inbox this morning: A cabbie picks up a Nun...

Mediation Tips for the Practitioner from a Savvy Plaintiff?s Attorney

Posted on October 30, 2008
Vickie Pynchon is taking a break from blogging while campaigning for one of the Presidential candidates. In the meantime, she has asked some guest bloggers to post content. On Tuesday, Brian Herrington, a plaintiff’s lawyer from Mississippi offered some useful tips on preparing for mediation from a practitioner’s perspective...

Is blogging a cry for attention?

Posted on October 29, 2008
Among the comments on the recent story of the $300k/year Harvard Law grad who burned his diploma on YouTube, was the following: “since he is a BLOGGER, mabye he is just looking for ATTENTION.”(emphasis supplied) I ask you, is blogging a cry of attention? Are we bloggers simply looking for approval in the form of comments, trackbacks [...

Just a question?

Posted on October 29, 2008
Can you maintain a litigation practice and remain a successful and dedicated mediator? I’m just wondering. When I started this new phase in life, I decided it was best to focus exclusively on mediation in order to best serve my clients. I saw that the most successful mediators on the larger panels practiced mediation exclusively...

What, exactly, does the mediator do? Part Deux.

Posted on October 24, 2008
A few days ago, I posted the somewhat rhetorical question, ?What, exactly, does the mediator do?? It was really meant as a comment on Tammy Lenski?s post, ?Mediation in the mainstream: the problem of observability.? I realized, however, that some people might actually wonder what mediators really do...

The Domino?s Pizza School of Mediation

Posted on October 22, 2008
When I first started mediating, I signed up for several court-ordered lists. Some allow me to charge my full market rate, others pay a very modest stipend. I knew I wasn’t even going to pay for my gas with the stipend I received from one particular small claims court, but I go every week and [...

How to Help Your Clients During Challenging Times.

Posted on October 21, 2008
As a seasoned litigator, you understand that litigation filings actually increase in trying economic times. Businesses seeking to protect the bottom line file lawsuits against non-paying customers, IP infringers, and employees who violate restrictive covenants...

New ADR Blog - Practical Dispute Resolution

Posted on October 16, 2008
Please visit the new ADR blog started by Barry Edwards, the General Manager of Cobb Mediation, a private ADR company on whose panel of mediators I sit.

Celebrate International Conflict Resolution Day with Blawg Review #181

Posted on October 13, 2008
The Godmother of ADR blogging Diane Levin is this week’s Blawg Review host. As Diane explains to the uninitiated: Hosted each week by a different blogger, Blawg Review highlights noteworthy legal blogging, sharing the pleasure of discovery of insight, news, and commentary sampled across the spectrum of legal practice...

What, exactly, does the mediator DO?

Posted on October 07, 2008
I?ve been thinking about this issue for a while, toying with the idea of a post. I simply couldn?t think of an opening until I read Tammy Lenski?s post, ?Mediation in the mainstream: the problem of observability.? Tammy writes that while she was prepping for her mediation class at Woodbury College, she read aloud to [...

Free Telephone Seminar from Dina Lynch Eisenberg

Posted on October 07, 2008
In celebration of Conflict Resolution Day (The third Thursday of October annually - this year it is Oct. 16th) Dina Lynch Eisenberg of ADRPracticebuilder.com is offering a free telephone seminar: Mini-website: A Mediation Marketing Secret Weapon Learn more about what is a mini-site, why it works so well for mediators and how to find a good designer [...

Friday Funny - I?m thinking about a tattoo

Posted on October 03, 2008
What do y’all think? Get your own knuckles at the knuckle tattoo gun.

Facilitative? Transformative? Evaluative? Whatever gets the case settled?

Posted on October 01, 2008
Geoff Sharp and Vickie Pynchon raise some interesting points in their posts today. Geoff asks, “Can settlement orientated mediators like me cherry pick from transformative process?” Vickie suggests that it is more complicated than simply using the right mediation “process...

Please leave a message after the tone?.or should you?

Posted on September 24, 2008
In the middle of leaving a message for a pro se defendant in one of my court-referred cases (moments ago, I might add), I was faced with a dilemma. As the voice on the other end of the line simply stated, “Please leave a message after the tone,” it dawned on me that leaving a [...

Prof. Murray Responds to Vickie Pynchon (Sort of).

Posted on September 22, 2008
Over at Settle It Now, Professor Murray has obfuscated the issue responded to Vickie’s thoughtful commentary on his polemic, Privitization of Justice. I’ll try to be frank without sounding like I’m making an ad hominem attack on the Professor...

My $0.02 on the ?corruption? of the civil justice system by mediators.

Posted on September 18, 2008
In his most recent post, Geoff Sharp calls for further comment on Prof. Peter Murray’s polemic, The Privatization of Civil Justice, published in the summer edition of the American Judicature Society’s Judicature magazine. I have not yet had the opportunity to read the entire article, but Geoff quotes liberally here, and Vickie Pynchon discusses it [...

I?ll add to John DeGroote?s surely swelling head?.

Posted on September 16, 2008
I am constantly amazed how small a place the ADR community is. At least the part I have on RSS feed. So, when both Nancy Hudgins and Diane Levin wrote in high praise of John DeGroote’s new blog, Settlement Perspectives, I had to swing by and check it out...

Prepare for mediation as if it were trial.

Posted on September 12, 2008
As Geoff Sharp put it, New Jersey lawyer Donald Vanarelli “gets it.” He understands that since the great majority of cases are resolved before trial during mediation or in settlement negotiations while fewer and fewer cases are tried, attorneys should prepare for mediation with the same seriousness and discipline they display in preparing for trial...

Couldn?t have said it better myself.

Posted on September 11, 2008
From the Long Beach Post (via Marvin Schuldiner’s Sanns Mediation blog) comes the following comment on mediation: During my tenure as a lawyer, I found the mediation process to be more effective and rewarding than the litigation process. It gave the litigating parties a sense that they were ?having their day in court? without [...

Remember.

Posted on September 11, 2008
On this 7th Anniversary of the tragedy of September 11th, I offer only a short post. Remember. -Thomas E. Franklin / The Record - (Bergen County NJ) Fr. Mychal Judge, O.F.M. - we miss you.

Just when you thought it safe to read my blog again?.

Posted on September 11, 2008
Ex-Judge Roy Pearson returns!!! It seems a District of Columbia Appellate Court has agreed to hear an appeal of this stupendously ridiculous case. I’m not sure who’s more ridiculous - Pearson or these three judges. Let’s only hope they granted appeal to slap Pearson with further sanctions for abuse of the legal process.

Why bother with mediation when you have the Internets?

Posted on September 10, 2008
Tomorrow, I start scouring the want ads in our local legal daily newspaper because a new website has rendered my mediation skills obsolete. SideTaker.com is certain to revolutionize dispute resolution in the age of Web 2.0 and the Internets. Fighting with your significant other? Who’s right and who’s wrong? Air it out anonymously while letting people [...

To keep or not to keep?.

Posted on September 09, 2008
A few weeks back, I had an interesting chat with a colleague about record keeping. I was observing a mediation for my domestic requirement and noticed that the mediator archived the notes from the session. I, on the other hand, destroyed my notes. When asked about it, the mediator responded that he [...

Difficulty Dealing With the Dichotomy.

Posted on August 29, 2008
This week, I had a lot of difficulty dealing with the dichotomy between Mediator and Lawyer. I spent 14 of the last 15 years studying or practicing law and thinking (and acting) like a lawyer. It is a difficult habit to break. Of the 6 court-referred cases I handled this week, 4 were collections [...

You Think That Jury Will Do Right by You? Think Again.

Posted on August 22, 2008
In the case the upcoming article in the Journal of Empirical Legal Studies did not convince you that you are usually better off negotiating a resolution of your dispute (whether with the help of a mediator or not), legal blog Swordplay lists 10 Acts of Lunacy by Jurors that might make you think twice [...

What?s in a Name?

Posted on August 20, 2008
Fellow Mediator-blogger-teacher Dina Lynch Eisenberg does an interesting job examining exactly what makes a good name for your mediation business. Dina’s own practice started with a deeply personal (but in my opinion, not terribly descriptive) name and transformed to a more descriptive but more institutional sounding name...

Study Shows That Settlements Result in Better Outcomes for Both Parties

Posted on August 13, 2008
A few weeks ago, I noted in passing that I had mediated several cases in a row in which the plaintiff walked away from reasonable settlement offers, only to have the court find in favor of the defendant. It turns out that this is actually a common occurrence...

Differing Types of Logic May Affect Negotiation

Posted on August 12, 2008
Stephanie West Allen has an interesting post over on Idealawg about how differing problem solving styles may affect communication, goal setting and mediation. Stephanie then asked several of us whether mediation is causal or effectual. I was quite amazed to learn that there were different types of logic - causal and effectual...

WhoCanISue.com - a sign of the Apocalypse?

Posted on August 08, 2008
Albert Einstein is said to have remarked, ?It has become appallingly obvious that our technology has exceeded our humanity.? I cannot find a source indicating to what he was referring (it was likely the atomic bomb), but it could just as easily been about WhoCanISue...

Dyslexic UK MEDICAL student claims multiple answer test unfair.

Posted on August 07, 2008
From Overlawyered. You know what I think is unfair (at least to you and me)? DYSLEXIC DOCTORS! It is bad enough when apparently normal doctors confuse a prescribed 10cc dose of Heparin with a 10,000cc dose. I’m sorry, but for some reason this one steams me...

The Audacity of Desperation?

Posted on August 06, 2008
It started out like a normal, court referred medation. A tenant on a month-to-month lease moved out of the property without proper notice, and owing at least one month’s back rent. The landlord claimed it was two months, plus the month the law allowed her to claim for the tenant’s failure to provide proper notice...

Vickie Pynchon?s Virgin Blawg Review Post

Posted on August 06, 2008
If you’ve got about 14 hours to kill, scoot on over to the IP ADR Blog to read Vickie Pynchon’s “Virgin Themed” Blawg Review. If you decide to click on every hyperlink, you might need some of this. Since I am a busy busy man, I decided to read the much shorter 6-hour version on [...

Why Nobody REALLY Reads Law Review Notes.

Posted on August 01, 2008
About a month ago, Prof. Moffitt of ADR Prof Blog suggested that I read Erica Fox?s Harvard Negotiation Law Review Note ?Alone in the Hallway?. After some serious Googling could not locate the article, one of his kind readers posted a link to a copy (See Comments)...

The Importance of Choosing a Professional Mediator

Posted on July 31, 2008
During my Monday sessions at a local Magistrates (read:Small Claims) Court, I must often stop the proceedings to explain to the pro se litigants that I am not a judge. This despite the fact that this is set forth in the guidelines each party must read and sign, and the fact that I say this [...

Maybe They Should Make ADR Mandatory at Michigan Law?

Posted on July 29, 2008
From Above the Law, everyone’s favorite gossipy tabloig, comes a cautionary tale of how not to handle a business dispute with your law school classmate: Don’t send a passive aggressive “Uhm, it’s been six months where’s my cash” email to everyone on the Law School’s listserv...

The Story of A Sign

Posted on July 22, 2008
The Story of a Sign This short film won an award at Cannes this year. Take a moment to watch and then reflect on the simple power of language. With a stroke of the pen, a stranger transforms the afternoon for another man in this emotionally stirring short film by Alonso Alvarez.

If they?d only hired a mediator?.

Posted on July 17, 2008
Courtesy of Legal Antics:

Completely OT - I?m lost watching LOST.

Posted on July 17, 2008
A good friend finally browbeat us into watching the TV phenomenon Lost by providing us with Season 1 on DVD. Since it’s the summer, and there is precious little to watch (yes, my wife, who works in TV, and I watch too much TV, but I get tired of reading, writing and mediating all day), [...

Ready for the Wonderful World of Domestic Mediation (I think).

Posted on July 15, 2008
It’s official. I am now “registered” with the Georgia Office of Dispute Resolution as a Domestic Relations Mediator. I can now begin applying for inclusion on the various court rosters as a domestic mediator.

?Winning at Mediation? - Nancy Hudgins? Excellent Resource for Advocates

Posted on July 10, 2008
Fellow blogger and mediator Nancy Hudgins has compiled her excellent blog series on preparing for mediation into a fantastic monograph called “Winning” at Mediation: A Blueprint for Success. It’s a well organized primer for any attorney (or the lay person mediating pro se)...

Settlement is Not Always the Desired Outcome

Posted on July 09, 2008
Over at Mediation Stuff, experienced litigator-cum-mediator John Lassey writes, The Goal of Mediation Is Not (Necessarily) Settlement. He suggests that many would find this statement heretical. I don’t. I could not agree more. When I took my first mediation class, I heard someone suggest that the lawyer/mediators needed to learn how to stop being advocates for [...

ADR - a major motion picture from Martin Scorcese.

Posted on July 09, 2008
Courtesy of Legal Antics: Apparently, these kids at George Washington don’t have a Torts final or Law Review Note to write. Share This

Construction Litigation Cases Are Starting to Clog the Docket.

Posted on July 01, 2008
Is this the harbinger of more hard times to come or might it be a good sign for the economy? I’ve been seeing a fair bit of construction and real estate related cases lately. I think it is safe to say that litigation in real estate and construction cases increases as the economy worsens...

I?m not sure you could pay me enough

Posted on June 28, 2008
to mediate Brit and K-Fed’s custody debacle. Whoever did is a braver soul than I. Share This

In Further Praise of the Joint Session.

Posted on June 25, 2008
Last week, Geoff Sharp admitted to sitting on a draft post which modestly “lazy mediators don’t do joint sessions” or “lazy mediators only meet in private”. It appears that the gist of his post is that anyone can be an errand boy, but it takes a special kind of mediator to force the parties to [...

George Carlin - Funniest Footnote in Supreme Court History.

Posted on June 23, 2008
One of the smartest, wittiest, funniest, and most insightful (inciteful?) comedians and, yes, philosophers of our time passed yesterday at age 71. I guess that now that I am approaching 40, 71 seems far too young to die, especially in this day and age when they can cure such horrible, terrible, life threatening diseases such [...

Where I?ve Been?.

Posted on June 19, 2008
I know some of you are wondering why I haven’t posted in a while. It’s a combination of being busy mediating cases, trying to meet the requirements to get registered as a domestic relations mediator and simply having summeritis. I’ve been reading - some professional articles but mostly pleasure reading- and just haven’t been [...

Is Court-Referred Mediation ?Fair??

Posted on June 09, 2008
As I was shuttling parties in and out of our room today during a court-referred mediation, I passed by a couple on a bench. They were either awaiting assignment to a mediator or were in mediation, but had stepped out of the room to allow caucus. (This courthouse has only 3 rooms for [...

Mindfulness, MediTation and Mediation

Posted on June 06, 2008
Stephanie West Allen of idealawg emailed me about an interesting blog post entitled, Mindfulness Meditation: For Lawyers? In the post, lawyer/psychologist Delaney Dean discusses a bar presentation in Kansas City called “Mindfulness in Mediation...

Numwhah?

Posted on June 01, 2008
I know it isn’t Friday, but this just had to be posted. One of my geeky guilty pleasures is watching the National Spelling Bee every year. It has everything: drama, bad posture, strange words. The moment of this year’s competition, and possibly ANY year’s competition came from the eventual winner, Sameer Mishra: Enjoy [...

Mediation ?Reality? TV Revisited

Posted on May 29, 2008
The concept of the mediation-themed reality TV show has reared its ugly head yet again. As noted by Geoff Sharp and Vickie Pynchon, Jerry Lazar and Richard Kilnger (who makes a guest appearance in my comment section to defend the concept but conveniently forgets to mention he has a “piece of the [...

Positive Attitude in Mediation

Posted on May 27, 2008
Nancy Hudgins has an excellent post for mediation advocates on her Civil Negotiation and Mediation blog entitled “Adjust Your Attitude: Go Positive!” Nancy writes Mediation calls upon us to use a different skill set. One that is more collegial, cooperative and collaborative...

Europe moves to stifle free speech on the internet.

Posted on May 27, 2008
According to the ABA Journal Law Blog (quoting the WSJ), Europe has moved to ban so-called flogs (fake blogs), AstroTurf (alleged grass-roots campaigns run by corporations) and lobbying campaigns featuring sock puppets (individuals who post under numerous aliases) Is this such a rampant problem that European legislators have nothing better to do than prohibit this? And how [...

Remember.

Posted on May 26, 2008
Today is Memorial Day here in the United States. Remember those honored many who gave their lives for liberty. In Flanders fields the poppies blow Between the crosses row on row, That mark our place; and in the sky The larks, still bravely singing, fly Scarce heard amid the guns below...

A Nice Testimonial.

Posted on May 15, 2008
I was humbled today to receive this very kind testimonial from a recent client, Mr. Ed Danowitz, a local attorney. It is always nice to be recognized. Thank you for your kind words. Share This

Kicked out of a joint session?

Posted on May 15, 2008
Over the last year, I’ve been asked numerous times to leave a caucus so that attorney and client can speak privately. That’s normal. Attorneys do this for various reasons- keep the “bottom line” from the mediator, allow the attorney to arm-twist his client without appearing too eager to settle in front of the mediator...

Capitol Hill Comedians

Posted on May 15, 2008
I don’t typically stray into politics, but I saw this piece among my morning reading and found some of the answers quite funny. Political website The Hill sent a reporter to ask - the 97 Senators who aren’t running for President whether they would like to be Vice President...

Last minute cancellation blues.

Posted on May 14, 2008
On Monday, I felt really good about the week. I had 6 cases on the schedule. Three of which were at a decent hourly rate (I agreed to reduce my normal fee to accept court-referred cases from several exurban counties). In the last 24 hours, I’ve had 3 of the 4 set for Thursday and [...

Is anyone else disturbed by the idea of a ?Judge Judy? style mediation TV show?

Posted on May 12, 2008
This morning I found a post in my news alert advertising mediation domain names for sale. As I poked around further on the site, I found the following post: Cases Needed for TV Show For a new mediation-themed reality show, we’re looking for “Judge Judy” types of cases in Southern California — involving neighbors or family [...

A little humor at the expense of the University [sic] of Georgia.

Posted on May 09, 2008
If you read my bio, you know I am a proud graduate of the Georgia Institute of Technology, more commonly known as Georgia Tech or simply, Tech. For well over 100 years, we have had a robust rivalry with our intrastate rival, the University [sic] of Georgia...

The Pants Judge Files Suit Again! But only for one measly ?mil?.

Posted on May 07, 2008
It was bound to happen sooner or later. After being canned last year by the (in part for filing the infamous $54 million lawsuit over his pants), Roy Pearson is suing the District of Columbia for wrongful termination, seeking damages of a mere $1 million...

I Made the Cut for Alltop!

Posted on May 07, 2008
In case you haven’t noticed the new “badge” over in the left hand column (likely because you read the RSS feed), my humble blog has been added to the “Law” Category on Alltop, a website that collects “stories from ?all the top? sites on the web and aggregates them to a single page...

This is Why You Let That Letter Sit on Your Desk Overnight.

Posted on May 02, 2008
I don’t know about you, but over the years I’ve come across many an opposing counsel I found so irksome, so irritating that I’ve wanted to slap them write that perfectly sarcastic and derisive letter that puts them in their place. Truth be told, I often wrote the letter, but had the sense to [...

What Happens to Agreements to Mediate after Advanced Bodycare Solutions?

Posted on May 01, 2008
Last week, the Eleventh Circuit ruled in Advanced Bodycare Solutions, LLC v. Thione International, Inc., No. 07-12309, (April 21, 2008), that for purposes of the Federal Arbitration Act (FAA) mediation is not arbitration; therefore a party cannot use §3 of the FAA to enforce an agreement to mediate or mediation clause...

The Effective Use of Visual Aids in Mediation

Posted on April 28, 2008
Nancy Hudgins has a great post discussing the benefit of the use of visual aids in trial that would also work in mediation. As I mentioned in my comment to her post, being a visual person myself, I encourage the use of such aids. In my confirmation letter, I even request that the [...

Welcome John Lassey!

Posted on April 23, 2008
A belated welcome to the League of Web Log Authors to John Lassey, author of Mediation Stuff. I am very glad that John has joined the ADR debate, because his blog will focus is on those matters where the primary motivation for the participants is money...

Good thing these legislators are on the ball.

Posted on April 18, 2008
“TALLAHASSEE, Florida — The Florida Senate today debated and passed an amendment to impose a $60 fine on Truck Nutz, the novelty vehicle adornment attached to trailer hitches that resemble the dangling southern end of a northbound bull.” (Apologies for the bad pun and be forewarned, there is a picture of this lovely item [...

What It Takes To Be A Great Mediation Lawyer - from Geoff Sharp

Posted on April 18, 2008
Geoff Sharp recently made an interesting observation about an excellent series of posts from Tennessee lawyer John Day called What it takes to be a great trial lawyer. (It’s lots of great info, so I’ll overlook the fact that John has two “Part 10’s”)...

An Ethical Dilemma?

Posted on April 14, 2008
I had a mediation today that concerned home repairs and renovations. While I was trying to establish rapport, I revealed to one party in caucus that my garage door opener motor had recently gone kaput and I needed to replace it. The party immediately offered, “I know a great guy who does installations, [...

Good News, Bad News?

Posted on April 12, 2008
Some of you may have noticed a precipitous drop in my post rate in the last 6-8 weeks. For those of you who enjoy my ramblings and nuggets of information, it is a good news/bad news situation (for my wife, it is only Good News). The good news, of course, is that I’ve been getting [...

Debbie Does Divorce - A Short Video About Divorce Mediation

Posted on April 10, 2008
Reading through my morning news Google Alert, I clicked on the link “Divorce Mediation:Successes and Failures“. Expecting a typical text blog, I was a little surprised to find a very professional looking video. I had to chuckle a few times as the presenter has a thick New Yawk accent (I’m from New Jersey and it [...

Not the Type of Alternative Dispute Resolution We Advocate!

Posted on April 04, 2008
Two lawyers who apparently haven’t learned to use their “big boy” words resorted to slapping and hitting each other in an Oregon Courthouse lobby. The details are fuzzy, but attorneys David Lawrence and Aaron Matusick began shouting at each other as they left landlord-tenant court...

Great Series on Mediation Preparation for the Advocate

Posted on April 01, 2008
Bay Area Mediator Nancy Hudgins has an excellent series for the mediation advocate on how to properly prepare for mediation. She takes the approach that since “more than 98% of cases do NOT go to trial,” the mediation advocate should set aside meaningful time to mediation preparation...

Quick Monday Question - Suit or Sport Coat?

Posted on March 31, 2008
As I was dressing for a mediation this morning, I mulled over whether to put on the suit or what’s known as the Atlanta Uniform - tan/khaki slacks, shirt/tie and blue blazer. I wondered whether one presents a different image than the other and whether that matters...

Return of the Friday Funny

Posted on March 28, 2008
I have a few small Funnies today. Mostly legal related (barely): He Couldn’t Afford Better Beer then Natural Light? The 17 year old great-grandson of Gussie Busch - founder of the Anheuser-Busch beer empire - was busted with several of his buddies for underage drinking...

The Georgia Office of Dispute Resolution Needs Your Help.

Posted on March 25, 2008
Yesterday, I received an email from Shinji Morokuma, the Director of the Georgia Office of Dispute Resolution. It appears that the future of the GODR is in jeopardy. Last year, the the Georgia General Assembly cut their budget by 63% - $250,000. This year, the House Appropriations Committee of the Georgia General [...

(Mediation) Thought for the Day

Posted on March 19, 2008
The greatest challenge to any thinker mediator is stating the problem in a way that will allow a solution. - Bertrand Russell Share This

My First Mediation.

Posted on March 19, 2008
(That makes it sound like a cheesy children’s toy.) Anyway Nancy Hudgins got this ball rolling, and Diane Levin joined in. I’d join the fray, but frankly, put a gun to my head and I couldn’t tell you one thing about it. I’ve never been one to tell a lot of war stories...

Is a Mediator?s Notebook/Handbook useful?

Posted on March 15, 2008
I have recently been toying with the idea of creating a Mediator Handbook/Notebook. I think the idea comes somewhat from my days as a litigator and the desire to distill mountains of information into readily available, bite-sized chunks; and somewhat from Geoff Sharp , who mentioned it to me in an email [...

Is There a Disparity Between Training Methods and Client Needs? - Post Mediation Training Observations.

Posted on March 12, 2008
I’ve finally recovered from my marathon 42-hour Domestic Relations Mediation Training last week. My teacher did an excellent job of trying to make the class interesting from 8:30 am to 6 pm every day, but even she would acknowledge that 6-8 hours of lecture is a lot for the human mind to bear...

Mediation Training All Week

Posted on March 03, 2008
I will be receiving additional mediation training all this week. I will not be able to live blog, like some other colleagues, so you will have to solider on without me this week. Share This

What Happened to the Year and a Day Rule?

Posted on February 29, 2008
Yahoo News reports that a man who shot and wounded a police officer more than 41 years ago and served 20 years for the assault will now stand trial for his murder after the police officer died last year. Yes, 40 years later. At age 64. Judge Bradley Moss of the Philadelphia Court of [...

The Five Reasons Why Your Client Will Thank You For Suggesting Mediation!

Posted on February 26, 2008
This is now up on my redesigned and updated website. Please drop in and let me know what you think of the redesign (if you didn’t see the old design, no worries). The Five Reasons Why Your Client Will Thank You For Suggesting Mediation! 1. Your Clients Understand Plain Talk...

Welcome to the ADR Blogosphere, Nancy Hudgins!

Posted on February 24, 2008
Take a few minutes and visit the relatively new blog by Nancy Hudgins, a Bay Area mediator and civil litigator. Nancy was kind enough to drop by and comment on one of my recent posts. Her blog has the admirable goal of “making a pitch for putting the ?civil? back into civil litigation...

Georgia Supreme Court Rules That Mediator Can Testify to Competence of Party

Posted on February 22, 2008
Late last year, the Georgia Supreme Court heard an interesting case challenging the scope of the mediator?s confidentiality. In brief, Mr. Wilson and Mrs. Wilson agreed to attend mediation, without counsel, to discuss a divorce settlement. While the case had initially been referred to mediation via the County?s ADR program, the Wilsons did [...

Totally OT Post - Go outside and watch the lunar eclipse

Posted on February 20, 2008
I am an unabashed nerd. I find most things scientific and technological fascinating, especially astronomy. It has been a while since I’ve taken any astronomy classes or spent hours gazing through a telescope, but that doesn’t make tonight’s eclipse any less exciting...

The Negotiation Guru Blog

Posted on February 17, 2008
Some of you may be familiar with Jens Thang’s Negotiation Guru blog, but I only recently discovered it after he commented on Vickie Pynchon’s recent post “How to Make Your Opponent Do What You Want Him to Do.” I have only skimmed through the content (I have to attend a 2 year old’s [...

Mediation under IDEA (Individuals with Disabilities Education Act)

Posted on February 15, 2008
Over at Ability Law Blog, Randy Chapman has an interesting post entitled “We Can Work It Out Part II: Using Mediation.” Randy discusses the benefits of using mediation to help resolve disputes under IDEA 2004 - the Individuals with Disabilities Education Act...

The $54 Million Laptop? Great?.a Roy Pearson Copy Cat.

Posted on February 15, 2008
It appears we have our first confirmed Roy Pearson copy cat. Washington Area consumer Raelyn Campbell is suing Best Buy for $54 million after they lost her $1,100 laptop computer. What makes Ms. Campbell only slightly different from Pearson is that a) she seems to have a legitimate gripe against Best Buy; b) [...

Could Online Mediation Really Work?

Posted on February 14, 2008
The MSN Money Blog is reporting today about a new website called VirtualCourthouse.com. The web site claims to provide a marketplace of qualified professionals to service your case needs. Our service lets you resolve cases entirely online, lowering your costs and increasing your volume...

Does Confidentiality End with the Agreement?

Posted on February 12, 2008
Recently, I was able to help settle a particularly thorny contract dispute. Because tempers had flared and there appeared to be some bad blood between the parties, I was concerned about leaving the parties in the room while I brought the terms to the mediation coordinator so that she could type up the settlement [...

Divorced Dad Minute - Podcast on Mediation

Posted on February 05, 2008
I have not yet listened to this podcast, but it seemed interesting and I appreciated the tone of the opening paragraph: A professional mediator can help when the lines of communication break down. Mediators are trained in conflict resolution. It’s always a good idea to have an intermediary when there are difficulties in reaching compromises...

Vote!

Posted on February 05, 2008
I don’t like to talk politics on here. Frankly, I’m afraid a potential client might disagree with my position and at this stage in my career, I can’t afford that. But I think I can safely make a non-partisan plea to my readers to get out and vote if their state is holding [...

Congratulations to the World Champion New York Giants!!!

Posted on February 03, 2008
Hell Yeah! Super Bowl XLII Champs! A hearty “Better Luck Next Year” to all the Boston/New England area fans out there. Congratulations on their amazing, but IMperfect season. 18-1 is nothing to sneeze at.

Welcome ?Mediation Meditations? - a blog title surely to confuse search engines everywhere.

Posted on February 01, 2008
Welcome former silk stocking, Wall Street lawyer turned mediator Christian Herzeca to the mediation blogger team. Christian already has some interesting posts. I look forward to reading more of his opinions.

Besieged Judge Hilton Fuller Steps Down in Nichols Case

Posted on February 01, 2008
By now, this probably isn’t even news to Geoff Sharp in New Zealand, but since it was in my backyard, I thought I’d comment. As you may have heard, retired Judge Hilton Fuller stepped down as the presiding jurist in the Brian Nichols/Fulton County Courthouse shooting case after he was quoted in the New [...

What Is Appropriate Law Firm Attire Nowadays?

Posted on January 31, 2008
A few weeks ago, I mentioned having seen a sign outside a local courtroom listing the attire the judge felt was inappropriate. One would expect that the list was for lay-people unaccustomed to the formality of appearing before the court. But an article from the WSJ (and a blog post) today suggest that [...

I had my first taste of the housing market ?collapse? today.

Posted on January 28, 2008
It was a sad case that likely portends the future. A contractor filed sued against a landlord and tenant for repairs to a rental property. The tenant claimed that he hired the contractor at the landlord’s direction and with the understanding that the landlord would assume the cost, or that the cost could [...

Spanish driver sues the cyclist he killed for property damage caused in wreck.

Posted on January 27, 2008
Who says the Europeans aren’t as litigious as Americans? This guy certainly proves that theory wrong: A Spanish driver who collided with a cyclist is suing the dead youth’s family 20,000 euros (14,800 pounds) for the damage the impact of his body did to his luxury car, a Spanish newspaper reported on Friday...

What Songs Should Be in a Mediation Playlist?

Posted on January 25, 2008
Diane Levin helped me kill an hour or two today with her post “What songs would be on your mediator’s playlist?” Some of these might be a stretch. You might hear these words from a mediator or in a mediation from one of the parties, but here goes...

Street Justice?

Posted on January 25, 2008
A judge in Ohio sentenced a man convicted of stealing a Salvation Army holiday donation kettle to spend one night, “anywhere but in a house.” In a startling show of honesty, the thief assumed responsibility for his actions: “My initial reaction was, ‘Wow...

Busy Week - Lazy Post

Posted on January 24, 2008
My apologies for not posting, but it has been a busy week and time flew away from me. So, I’ll pull a lazy man’s trick out of the bag and do a link round-up. Everyone’s favorite Kiwi posted about Robert Benjamin’s piece Of War and Negotiation and even included a link to a critique [...

An Employee Handbook I Can Support

Posted on January 18, 2008
Courtesy of the WSJ Law Blog. When I read the the L.A. Times story about their new “Employee Handbook,” I wanted to stand up and cheer. Finally, a blow for common sense and plain language. This Magna Carta of Employee Handbooks opens with the brilliant gem of wisdom: Rule #1: Use your best judgment...

Ridiculous Lawsuit of the Month.

Posted on January 17, 2008
This story has already filtered down to that bellwether of the news industry, The Today Show, but I thought I’d mention it, too. A would be “base jumper” has sued the Empire State Building for $30 million for allegedly “endangering” his life when he climbed over the so-called “suicide fence” surrounding the Observation Deck [...

Mediation Shown to be One-Tenth the Cost of ?Full Scale Litigation?

Posted on January 17, 2008
Mediators often try to sell their services based on the empirical observation that it is more cost effective than litigation. It would appear that we now have some hard data to back this up courtesy of the Boston Law Collaborative. They conducted a study of 199 divorce cases and found that mediation, collaborative divorce [...

Ohhhhhhhhhhhh, the weather outside is frightful?

Posted on January 16, 2008
Yes, it is snowing in the Deep South. Its too dark for me to post pictures, but believe me, there is snow on the ground. Its wet and heavy; perfect for snowballs and snowmen. The children on my street have all been outside shrieking and giggling. Knowing my fellow Atlantans [...

Some new (to me and hopefully not you) ADR blogs?

Posted on January 15, 2008
Reading through the names of the bloggers called out in Vickie’s post on licensure, I found a few blogs I had visited before, but had been remiss in adding to my blogroll. So, without ado, here they are: Schau’s Mediation Insights. - Jan Frankel Schau had taken a few months sabbatical, but is back...