Jag Attorney: I’ll listen to you but we have a strong case of desertion and misbehavior before the enemy under Uniform Code of Military Justice Attorney Eugene Fidell: Your strong case for desertion is in the court of public opinion. Fortunately, a court marshal has jurisdiction...
My imaginary mediation left off with me separating the Israeli Prime Minister Netanyahu and the Iranian President in hopes of reaching an agreement on the nuclear issue. Now, we continue. Mediator Keith Brady: President Hassan Rouhani, where are you at? President Hassan Rouhani: I think we are...
I notice a lot of people are a little confused about alternative dispute resolution in general. Christian Slater once said, “As you get older you learn some balance and mediation in your life - that's where I am right now. I feel pretty comfortable about...
Dear Hillary Clinton, Quoting Ronald Reagan, “there you go again.” You have information, this time in the form of emails, that is being demanded of you and you stand accused of holding back. That must feel terrible. I sure wouldn’t people to know all of my...
Bill Shakespeare’s Hamlet pondered whether it is better to be or not be- dead that is. And I pondered whether it is better to be or not to be more experienced mediator or trained in mediation. Let me tell you what prompted this internal monologue. At...
Only one can be the Super Bowl of all mediations: your mediation. For most people, mediation, and not trial, is the big day since most cases settle before trial. All of the work has been done. You have a good game plan. Its been a...
CME Reporting CME reporting requirements have changed. Changes have been to both the reporting process and the reported content. For the most part, the new rules take effect on January 1, 2015, but not entirely. myflcourtacess.com Reporting can now be done via the myflcourtaccess.com portal. Non-attorneys can e-file...
Mediation Few mediators are excellent. The difference lies in the approach. Most approach mediation is an art. They’re good because they do what comes naturally. They ask good questions, make the parties feel comfortable, and, as a result, successfully move the parties toward settlement. Then there are...
Authority to settle means legal authority to settle. It does not refer to corporate or personal authority. Authority to settle is of course a requirement of party representatives to a mediation. It seems the authority to settle rule is always strictly adhered to. Yet, some...
A distinguished neutral need not be an extinguished neutral because being neutral does not require being passive. Yet, professionals have confided in me that they thought a good mediator is not wholly neutral. As explained in a variety of ways, they mistakenly thought that affirming...