Not all things go our way. We know this instinctively yet become so surprised when the unexpected or unwanted occurs. In a pressure situation with limited time to maneuver, this can result in great frustration, habitual responses, and shutting things down. Does this sound familiar? Unsurprisingly, a mediation is one of those pressure situations with limited time. And guess what, things are not always going to go your way during mediation. This can happen when you are confront

The ancient strategies from "The Art of War" by Sun Tzu, have been applied to so many modern activities, including business negotiations, sales, and even litigation practices in the legal world. The Adversarial System: I Win You Lose In the context of litigation, perhaps we should rethink our methods. Often litigation devolves into a scorched-earth and zero-sum game, meaning there is only one winner and a whole lot of debris. If war is truly hell, why would anyone want to wag

Wishing everyone a wonderful Holiday Season and even better New Year! We all have plenty to be grateful for including our health, family, friends, and accomplishments throughout this past year. As we gather with family and friends, let's try to savor and be mindful of those special moments. Sit back and observe. Resist the temptation and habit of making the Holidays another to-do list action item. Now more than ever, we all can, should, and deserve to take a step back and jus

Get ready. There is a backlog of 2 million civil cases in the State of Florida and the Florida Supreme Court has taken notice. A recent Florida Bar News article suggests that the Florida Supreme Court is considering some wide-ranging and seismic changes to streamline case management and to reduce the time it takes to get to trial. A Streamlined and Accelerated Case Management Plan A Judicial Management Council workgroup has been working on recommendations that would require l

Thanksgiving is such a wonderfully named day. This special day is centered around family and gratitude. During this time, we share thanks for all that we have and for each other. As we near the end of the year, such warmth, feeling, and good cheer is especially welcome. After thinking about it some more, I realized that perhaps we could take this a step further. Traditionally, we think of Thanksgiving as the time to give thanks. But what about the idea of separating those wor

Information has the power to influence and ultimately move people to action. This is precisely why we are bombarded with information day and night. Whether it be marketing messages, political speech, or even an email from a co-worker, they all are a call to action in one way or another. Mediation, as a forum for dispute resolution, is no different. If the goal at mediation is to seek resolution of a matter on favorable or acceptable terms, then mediation cannot operate in a v

When is the right time to mediate? This is both a philosophical as well as a practical question. The answer ultimately depends on what you are trying to accomplish at mediation. When to Mediate There are generally three times during the course of a case in which to mediate. First up would be early mediation at the start of a case before much time and expense have been invested in the case. Next, you have mediation in the middle of the case before dispositive motions are heard

In certain ways, a lawyer's preparation for a mediation settlement conference is very similar to what is done for any dispositive motion, evidentiary hearing, or trial. There is a review of the claims, defenses, damages, supporting evidence, witness testimony, and case law. Often reports, memos, and outlines are drafted synthesizing all of the case materials and positions. In high stake cases, full-blown slide presentations are assembled, day-in-the-life videos are produced,

We are at least eighteen months into this grand experiment of conducting remote mediation settlement conferences. Pardon the pun, but let that settle in for a minute. This means that for over a year and a half, we have been using dispute resolution processes in which no one is physically present. Initial Resistance Naysayers did not think this was possible or would work. Traditionalists argued that you need a physical presence of the parties, a human connection, to effectivel

I recently returned from a trip (American Heartland Tour) for my non-profit, the Making History Project. The goal of the trip was to get out to the small towns of America and conduct oral history interviews of Veterans to preserve their military service stories. The final stats for this trip were incredible. Over the course of 39 days, I was able to interview 39 Veterans while traveling across 15 States. In doing so, I drove a total of 7,659 miles while deeply exploring 28 gr

Next week I am going on the road with my non-profit, the Making History Project, on an American Heartland Tour to conduct Veteran oral history interviews. This trip will last more than a month as I drive approximately 5,124 miles through 15 States and the small towns that make America great. So instead of talking about mediation or negotiation this week, I thought I would highlight this trip and the importance of volunteering and helping others. Volunteering and Helping Other

Defining your purpose, whether at life, work, a task, or at play, goes a long way to achieving a sense of success and satisfaction. Those without a sense of purpose are generally adrift, often dissatisfied and unhappy. So what does purpose have to do with mediation and negotiation? Everything! Where you can define purpose in all facets of your life, you can achieve better outcomes on all fronts. With a lack of purpose or direction in life, your dissatisfaction will spill over

There is an ingrained misconception that mediation is simply about splitting the difference between competing offers. To make that point, I recently attended a conference, and one speaker stated that her job as an umpire was much different than that of a mediator. To support that claim, the speaker indicated that mediators split the difference during mediation, while her job was to evaluate and value claims. To say that I was a bit disappointed by that comparison would be an

Lawyers and mediators share a common goal, namely, we are problem solvers. How we go about solving problems might be different, but the skills needed for our mission are generally the same. Mediation Problem Solving What makes a good problem solver? For starters, communication is an essential skill for connecting with people and solving problems. Likewise, having some subject-matter expertise for the issue at hand will certainly help. Finally, some old-fashioned curiosity, wi

May happens to be lawyer wellness month. If the month of May can accomplish one thing, hopefully it will raise awareness for just how important health and wellness is for the legal profession. Simply taking the time to consider the obvious benefits of self-care would be a gigantic step in the right direction. Having an open mind to try to implement some simple changes in June would be the next fantastic result. The Impact of Lawyer Wellness At first glance, it seems counter-i

Let's clear up some misconceptions right away about mindfulness. Mindfulness is not a religion, a yoga mat is not required, nor do you need chanting, candles or a waterfall. Mindfulness is simply being aware in the present moment without judgment. In the end, being mindful is only awareness, perception, and a state of mind. Mindfulness Basics Mindfulness has a long and ancient history but is backed by modern neuroscience. Studies have shown that mindfulness has positive effec

A voluntary resolution of a dispute often hinges on the connection you have with the other side. Developing or enhancing your connection with the other side will go a long way to settling your dispute. Mediation is Joint Problem Solving I would propose that settlement is nothing more than collaboration and joint problem solving. In the end, you want to be able to work together in a creative way to solve what ends up being a common problem. People rarely want to work together

Inaugural blog posting for Meaningful Mediation. Ethical, mindful, dispute resolution is a passion. When done right, it is transformative.