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 Uniqueness of Litigators and the Light Born of Mediation

I was thinking about my mediation clients, meaning the lawyers, and how the litigator’s role differs from other professions. Litigators are in conflict every day, every moment, for their entire careers. Can you identify another job that at its core involves conflict? The job ends when the conflict ends. The job depends upon antagonists, a […]

Maximizing Value: A Mediator’s Message to Claimant’s Counsel

This is the first of a two-part article on litigating and settling large exposure cases. As a litigator, I defended several products, premises, and aviation accidents resulting in death or catastrophic personal injury. Later I litigated trademark, construction, and other claims with seven and eight figure damage demands.  My experience also suggests that adding one […]

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 […]

The Mediator’s Wish List

Now that the holiday season is in full swing, you are probably seeking holiday gift-giving lists.  Most mediator wish lists are similar. Here is what most mediators would like to receive in case you are still shopping for the holidays. Mediators would like to receive a phone call or letter from you explaining what the […]

Mediation Advocacy as a Competitive Advantage

In what is a difficult time for providing legal services, law firms should be rethinking how they position themselves and obtain a competitive advantage over rivals. I have longed believed that business litigation and insurance defense firms have failed to see mastery of ADR and, in particular, mediation advocacy, as a branding tool. Why isn’t […]