Preparing Your Advocate for Mediation

Preparing Your Advocate for Mediation

Clients who are new to mediation may think it is not important, or is rude, to try to tell their own advocates what they expect them to do to prepare for mediation. It is, after all, the lawyer’s responsibility to do their job and to do it well. However, lawyers don’t...
How to Deal with Yawning Gaps in Bargaining Positions

How to Deal with Yawning Gaps in Bargaining Positions

Too often in mediation lawyers confront a familiar dilemma: Both sides have made offers and then offered concessions – but a huge gap remains between them. Everyone is frustrated, and no one wants to make a serious move in the face of the other’s intransigence....
Seven Questions to Engage the Politically Polarized

Seven Questions to Engage the Politically Polarized

What do you do if you are in a conversation – which may include a mediation – with someone who is adamant and strident about his or her values and beliefs? In today’s polarized society, this is more likely to happen than ever before. How can you keep the...

Congratulations! Eric Galton

Eric Galton received the Justice Frank Evans Award from the Texas State Bar ADR Section in recognition of his excellence and lifelong contributions to the field of ADR. It was presented with Frank in attendance – Eric’s mentor-last week at the annual State Bar...
Resolving Sports Disputes by Mediation

Resolving Sports Disputes by Mediation

Conflicts in high-performance sports (“HPS”) – those involving athletes competing at the national, international or professional levels – are typically tense and emotionally charged experiences for the athletes, coaches, and sports organizations involved....
How to Listen Like a Mediator

How to Listen Like a Mediator

Mediators are masters of listening. Conflict has a habit of turning conversations into competitions, with each statement feeling like a serve that you have to return in order to win a point. Mediators transform the purpose of these conversations from “winning” into...
Mediation v. Court Truth

Mediation v. Court Truth

Experienced mediators know that the resolution of disputes involves the people and the problem as much as the positions. At the same time, most parties will use as a benchmark for settlement decisions the expected results at trial should a dispute not be amicably...

Path to Peace

How one man found his calling as a peacemaker, especially in prisons path to peace Douglas Noll was a trial lawyer for 22 years, but since leaving the courtroom, he has taught mediation techniques to inmates through the organization he cofounded, Prison of Peace....
Reflections on a Mediation: Blood, Sweat & Tears

Reflections on a Mediation: Blood, Sweat & Tears

A closing workshop at an International Academy of Mediators conference was titled Transformative Moments in Mediation. Colleagues shared “war stories,” reminding all of us that every mediation involves real people whose lives have been impacted in a variety of ways by...