We find ourselves rolling very quickly into the holiday season. First up? Thanksgiving. Though initiated by the Puritan settlers, today’s...

Technology has made it increasingly easier to communicate, but are our communications better? More effective? More efficient?...

At some point in every mediation, often more than once, the parties reach an impasse. These first occur when the parties reach the lower...

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...

Remember joint opening mediation sessions? They used to be standard fare. Now, few mediators and fewer parties want to have one. Why?...

We spend much of our time at mediations in caucuses. This challenges the parties’ ability to communicate with the other side effectively....

Good negotiators, like good attorneys, know that preparation is key. Whether negotiating directly or with the aid of a mediator, there is...

Negotiations can be challenging. As negotiators, we don’t make our jobs any easier by simply making monetary demands, offers, and...

If you’ve suggested brainstorming lately, it is likely you’ve heard the echoes of groans and complaints. Over time, the benefits of...

Who doesn’t like a room with a view? Unfortunately, in many mediations, the parties, the lawyers, and maybe even the mediator get tunnel...

Hats have had a long and varied history in our country. They have been a necessity for some (hard hats, beekeepers’ hats, motorcycle...

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...

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...

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...

Environmental compliance and litigation involve an alphabet soup of agencies and laws. Regardless of the scheme, the overarching policies...

I think it is fair to say that virtually every civil case is right for mediation. Mediation is merely using the services of an...

At the recent Academy Awards, tuxedos and evening gowns had little impact on the dignity of the proceedings. In case you somehow missed...

The Alabama Supreme Court Commission on Dispute Resolution (which is made up of justices, judges, practitioners, and mediators) approved...

Mediation is helpful in any type of dispute. Few cases couldn’t benefit from mediation. The success of a mediation is not wholly...

There are lots of opportunities for unreasonable people to be an obstacle to a compromise settlement. When discussing this topic,...