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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: 1.7/day

Last Entry: May 27, 2010 at 13:22:25

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...

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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...

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