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Mediation Tip: Sharing Settlement Authority

Patrick Russell

2 days ago
4 min

Mediation Tip: Sharing Settlement Authority

If you are a parent, I am sure you have either used or heard the phrase that sharing is caring. The funny thing is that sharing can also apply to mediation and your mediator. Let me explain. Mediation Can Benefit from Direction Imagine showing up in a computer store and observing a customer who has no idea how much money to spend on a computer and a salesperson who will not reveal the prices of the computers. Would you expect there to be a sale under those circumstances? Here

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Mediation Tip: Dealing with Difficult People

Patrick Russell

Feb 13
4 min

Mediation Tip: Dealing with Difficult People

Dealing with difficult people can be our greatest challenge. Difficult people are everywhere in all facets of our life. They are the one puzzle that we find the most challenging to unlock. The Consequences of Difficult People Difficult people are often a roadblock to what we are trying to achieve. If we do not skillfully interact with difficult people they will not only frustrate us but also send us down the wrong path to our own detriment. Block a deal? Check. Cause anger? L

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ADR Section Mentoring Academy

Patrick Russell

Jan 4
2 min

ADR Section Mentoring Academy

Mentoring at Its Best Each year, the Alternative Dispute Resolution Section of The Florida Bar hosts a robust mentoring event. The annual mentoring event alternates each year between mediation and arbitration. This year the mentoring event focuses on mediation and is sure to be the Section's premiere continuing legal education event. The members of the ADR Section have expressed a strong desire for mentoring opportunities so that new and seasoned members alike can gain practi

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Happy Holidays with Gratitude

Patrick Russell

Dec 7, 2022
2 min

Happy Holidays with Gratitude

Don't Fear the Holiday Cheer The Holidays at the end of the year can be both joyful and stressful for many. Joyful as to the season's decorations, music, the gathering of family, and the excitement of children. Stressful in trying to meet deadlines and objectives associated with work, shopping, and traveling. I would suggest there is a simple way to make this time of the year special for all. It only takes a simple change in perspective. This could be the greatest gift that y

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The Business of People

Patrick Russell

Oct 26, 2022
2 min

The Business of People

A Unique Event I am looking forward to having a great conversation on November 2, 2022, with two mindfulness experts on how mindfulness can help resolve conflict. This unique CLE webinar by the ADR Section of The Florida Bar will be a panel discussion between a lawyer/mediator, a neurologist, and a Buddhist monk. I suspect this may be the very first time such a discussion has been presented as a continuing legal education program. By tuning in, you will have the opportunity t

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Miami Mediation Social Mixer

Patrick Russell

Sep 28, 2022
2 min

Miami Mediation Social Mixer

In honor of Mediation Week, which is on the third week of October, members of The Florida Bar Alternative Dispute Resolution Section are hosting “Mediation Mixers” at various locations around the state. The purpose of these events is to provide information about ADR Section membership, and encourage networking and camaraderie among lawyers, litigators, and fellow mediators. Help Me Help You In the end, I think we all can agree that whether you are a lawyer, litigator, or medi

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Mediation Tip: How to Get to Best and Final Offers

Patrick Russell

Aug 31, 2022
3 min

Mediation Tip: How to Get to Best and Final Offers

Best and final offers are usually made at the very end of mediation after protracted negotiations. Either party can make a best and final offer or you can have competing best and final offers from each side. End Game: Best and Final Offers The evaluation of the best and final offer is what will result either in an impasse, an adjournment of the mediation to consider it more, or a settlement. The question is how and when to get to the best and final offer. There are no right o

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Mediation Tip: How to Enhance Evaluation for Mediation

Patrick Russell

Jul 28, 2022
3 min

Mediation Tip: How to Enhance Evaluation for Mediation

Mediation tip for how to enhance evaluation for mediation and improve mediation outcomes.

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Mediation Tip: Setting Up Your Case for Settlement Success

Patrick Russell

Jun 29, 2022
4 min

Mediation Tip: Setting Up Your Case for Settlement Success

I recently heard that the latest statistics suggest that 96% of all civil cases in Florida eventually result in a settlement. That naturally means that only 4% of all civil cases in Florida actually go to trial. The numbers and results are literally overwhelming with little room for debate. What are some obvious takeaways from that data? Actively Work Towards Settlement Logic would appear to dictate that if nearly all cases settle, then lawyers should be working their cases t

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Mediation Tip: Learn Something New About Your Case

Patrick Russell

Mar 10, 2022
3 min

Mediation Tip: Learn Something New About Your Case

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

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The Art of Getting Along

Patrick Russell

Jan 13, 2022
3 min

The Art of Getting Along

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

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Happy Holidays and New Year

Patrick Russell

Dec 22, 2021
2 min

Happy Holidays and New Year

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

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Florida Civil Trial Changes

Patrick Russell

Dec 8, 2021
2 min

Florida Civil Trial Changes

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

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Thanks and Giving

Patrick Russell

Nov 24, 2021
2 min

Thanks and Giving

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

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Mediation Tip: What the Other Side Needs to Hear

Patrick Russell

Nov 3, 2021
3 min

Mediation Tip: What the Other Side Needs to Hear

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

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Mediation Tip: The Right Time to Mediate

Patrick Russell

Oct 20, 2021
4 min

Mediation Tip: The Right Time to Mediate

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

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Mediation Tip: The Power of Intention

Patrick Russell

Oct 6, 2021
3 min

Mediation Tip: The Power of Intention

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,

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Remote Mediation Is The Now

Patrick Russell

Sep 15, 2021
3 min

Remote Mediation Is The Now

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

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Making Peace

Patrick Russell

Aug 25, 2021
3 min

Making Peace

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

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Making History

Patrick Russell

Jun 30, 2021
3 min

Making History

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

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