I’ve sat at the head of the mediation table long enough to know when the rules of the game change. Governor Kemp’s signature on Senate Bill 68 on April 21, 2025 changed them — profoundly. Not just for trial, but for every mediation session happening right now in Georgia. The conversation in the defense bar […]
Originally published in The Fulton Daily Report I retired as a civil trial lawyer a couple of years ago and became a mediator. Mediators preach the gospel of “Don’t litigate- mediate!” The paramount virtue is case resolution and trial avoidance. Our success is measured by whether or not we get the case settled. Having […]
As a mediator I’ve helped settle many cases. Often the disputes were complicated, the parties despised each other, and resolution seemed hopeless. Despite the odds, the parties nevertheless reached agreement. In none of these negotiations, however, did world peace hang in the balance. This could not be said about former president Jimmy Carter’s mediation […]
You’ve chosen to steer clear of the expense, stress, and complexities of public courtroom litigation. Now, as you seek the right alternative dispute resolution (ADR) path for your unique case, you’ll encounter another choice: arbitration or mediation. While both offer private solutions that can save you time and money, it’s important to understand the key […]
A lawyer friend called me about a problem he was having with an opposing attorney. He described how difficult this person had been and read to me their contentious email exchange. “Have you ever met this guy?” I asked. “No,” he replied. “Our only communications have been by email.” “What about the phone? Have […]
Want to kill a mediation or negotiation? These three statements will do it! Most mediations start with a joint conference. Since it sets the tone for the rest of the negotiations, you want the joint conference to go well. So here are three things you should avoid saying during your opening statement. 1. “It’s all […]
Meet Douglas Daum, one of BAY’s newest mediators. In this post, Doug explains why mediation can serve as an amazing tool, especially during this time. “I have been an attorney for almost 44 years. I am starting a new chapter in my life as a mediator, and have been spending a lot of drive […]
“I’ll never settle with those people!,” snarled Charles (not his real name) as he slammed his briefcase down on the conference room table. “We’re here because the judge made us mediate. But we are not willing to settle with those people, ever.” Charles’ client nodded emphatically beside him. “They fired my client for no reason. They have fought […]
Many attorneys, and certainly those that have spent much of their careers without the relatively new benefit of mediation as an alternative to trial, often proclaim that mediation is a waste of time. Whether the parties are too entrenched in their positions, or if they simply feel like they will achieve a better result at […]
Pre-litigation mediation is being employed successfully more and more in franchise disputes. Both the franchisor and franchisee have significant interests in resolving disputes early before incurring large litigation costs and completely jeopardizing the existing franchise relationship or the entire franchise system. Such benefits include (a) finding a collaborative win-win resolution quickly, (b) giving each party […]