Gavel and scale

Thinking Like a Lawyer vs. Thinking Like an Arbitrator

I posted previously about how “thinking like a lawyer” — an appropriate mindset when serving as an advocate — can be a hindrance when acting in a different law-related role: that of a mediator. Here, I’ll share my thoughts on the mental adjustments a lawyer needs to make when serving in another dispute resolution capacity: […]

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not time to mediate

Thinking Like a Lawyer vs. Thinking Like a Mediator

Remember in law school how they taught you to “think like a lawyer?” You were conditioned to think analytically, strategically, some might say paranoically. After all, devoting your mental powers to protecting your client’s interests at all costs is your supreme duty as a lawyer. The problem is that thinking like a lawyer can be […]

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Friday 5: Tips for Negotiating

NWLawyer editor Michael Heatherly shares lessons from his 8 years as a mediator. Having been a civil litigator for 22 years and also a mediator for the past 8, I estimate I’ve been involved in settlement of more than 600 cases. I can’t say whether I’m better or worse at it than anyone else with similar […]

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Friday 5: Signs that It’s NOT Time to Mediate

Learn to spot situations where mediation isn’t the best choice. I recently offered five signs that it’s time to put a case into mediation. As a lawyer and mediator, I’m a long-time advocate of settling cases through mediation. Statistically, mediation is around 90% effective. Nevertheless, I’ve been involved in mediations that didn’t work out. Based […]

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Friday 5: Signs that It’s Time to Mediate

Get tips on when to bring up mediation with your client and opposing counsel. Most lawyers are at least aware of mediation as an alternative to extended litigation. But if you don’t regularly participate in mediation, you might wonder when it’s the right time to broach the subject with your client and opposing counsel. Here […]

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Friday 5: Tips for a Better Case in Mandatory Arbitration

NWLawyer Editor Michael Heatherly offers tips to help you maximize your client’s chances of getting a good MAR result. I have amassed untold hours in mandatory arbitration, both as a lawyer representing parties and as an arbitrator. While most lawyers do a good job representing their clients in MAR, there are certain areas where I […]

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