The Similarities Between Thanksgiving & Mediation
We find ourselves rolling very quickly into the holiday season. First up? Thanksgiving. Though initiated by the Puritan settlers, today’s...
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Erin Owen
- Oct 25
- 2 min
The Art of Listening in Mediation
Technology has made it increasingly easier to communicate, but are our communications better? More effective? More efficient?...
Cooper Shattuck
- Sep 29
- 2 min
A Mediator's Recommendation
At some point in every mediation, often more than once, the parties reach an impasse. These first occur when the parties reach the lower...
Cooper Shattuck
- Aug 24
- 2 min
Two Important Skills for Mediation
A frequent hurdle I often see in mediation is the parties’ desire to throw in the towel too soon. Perhaps it is the way things are today...
Cooper Shattuck
- Jul 26
- 3 min
Joint Sessions in Mediation: Never Say Never
Remember joint opening mediation sessions? They used to be standard fare. Now, few mediators and fewer parties want to have one. Why?...
Cooper Shattuck
- Jun 29
- 2 min
Effective Communications in Mediation
We spend much of our time at mediations in caucuses. This challenges the parties’ ability to communicate with the other side effectively....
Cooper Shattuck
- May 25
- 2 min
The Pre-Meeting in Mediation
Good negotiators, like good attorneys, know that preparation is key. Whether negotiating directly or with the aid of a mediator, there is...
Cooper Shattuck
- Apr 27
- 2 min
Principled Offers in Mediation
Negotiations can be challenging. As negotiators, we don’t make our jobs any easier by simply making monetary demands, offers, and...
Cooper Shattuck
- Mar 29
- 2 min
The Importance of Brainstorming in Mediations
If you’ve suggested brainstorming lately, it is likely you’ve heard the echoes of groans and complaints. Over time, the benefits of...
Cooper Shattuck
- Feb 23
- 2 min
The Balcony in Mediation
Who doesn’t like a room with a view? Unfortunately, in many mediations, the parties, the lawyers, and maybe even the mediator get tunnel...
Cooper Shattuck
- Jan 9
- 2 min
Which Hat to Wear in Mediation?
Hats have had a long and varied history in our country. They have been a necessity for some (hard hats, beekeepers’ hats, motorcycle...
Cooper Shattuck
- Dec 22, 2022
- 2 min
Getting Out of the Comfort Zone in Mediation
We like it when things are predictable, known, and foreseeable. We like things to be the same. We rarely like change, and we don’t always...
Cooper Shattuck
- Jul 25, 2022
- 3 min
Who Should Be at Mediation?
I am often asked who should come to mediation. The answer is easy - it depends. While we, as lawyers, frequently give that answer to our...
Cooper Shattuck
- May 19, 2022
- 2 min
The Skill of Listening
Let’s face it. Most of us are not good listeners. As lawyers, we become adept at hearing what we need in a given situation, whether it’s...
Cooper Shattuck
- May 11, 2022
- 2 min
Mediation in Environmental Matters is the Perfect Solution
Environmental compliance and litigation involve an alphabet soup of agencies and laws. Regardless of the scheme, the overarching policies...
Cooper Shattuck
- Mar 31, 2022
- 2 min
Which Cases Are Right for Mediation?
I think it is fair to say that virtually every civil case is right for mediation. Mediation is merely using the services of an...
Cooper Shattuck
- Mar 27, 2022
- 3 min
Will Smith v. Chris Rock: What Can a Mediator Learn?
At the recent Academy Awards, tuxedos and evening gowns had little impact on the dignity of the proceedings. In case you somehow missed...
Cooper Shattuck
- Mar 20, 2022
- 1 min
Recommended Order for Mediation (PDF Download)
The Alabama Supreme Court Commission on Dispute Resolution (which is made up of justices, judges, practitioners, and mediators) approved...
Cooper Shattuck
- Feb 1, 2022
- 2 min
Why Choose a Mediator Who Specializes in Large, Complex, and High-Dollar Cases?
Mediation is helpful in any type of dispute. Few cases couldn’t benefit from mediation. The success of a mediation is not wholly...
Cooper Shattuck
- Jan 24, 2022
- 2 min
Dealing with Unreasonable People
There are lots of opportunities for unreasonable people to be an obstacle to a compromise settlement. When discussing this topic,...
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