Revisiting Mediation Provisions Within Federal Court Case Management Scheduling Orders
The extent to which federal courts are expected to follow state law has always been one of my intellectual interests. In federal court, the case management scheduling order will include directives related to mediation. There are differences between state courts and federal case management orders (CMSOs) that warrant discussion. Many CMSOs from the Middle District […]
Improving the Bottom Line Through Mediation Advocacy
This month’s article is an introduction to a larger seminar to be offered in the fall on the topic of promoting mediation advocacy to attract and retain clients, and to strengthen attorney-client relationships. How so, you ask? Consider this question: How does an institutional purchaser of legal services evaluate different law firms? Recent surveys reveal […]
The Next Big Thing: Improving Civil Mediation Practice and the Case for Mediation Optimization Orders
Regardless of your civil litigation practice area, your clients face difficulty getting the case to trial. Administrative orders are abundant in efforts to address the COVID-related backlog. Mediation is an obvious exit ramp on the crowed interstate of civil litigation. Compared to trial advocacy, mediation advocacy is also underappreciated for a host of reasons, and […]
Henry’s Ten Dirty Words You Can’t Say During Mediation
As stated in my engagement letter for mediation, I encourage parties to share position statements or letters before mediation begins. These are not intended for me, but more so for the disputants. The premediation letters should be written for the eyes of the “other” client, and can begin to manage expectations, clarify liability, distinguish the […]
Giving to the Givers: A Word About Not-for-Profit Charitable Organizations
I want to discuss non-profits in the context of mediation, and also stress the need to donate now to charitable organizations. They were crushed by COVID-19. Not-for-profits frequently gather a significant portion of the operating budget from sponsored events and fundraisers, almost all of which were cancelled during the pandemic. When the economy suffers, consumer […]