1 PerspectiveFebruary 23, 2013
As a longtime participant in the mediation process my primary focus has been its impact on my clients’ litigation — it’s one way cases get resolved, which saves us all money, time, risk, and more. But yesterday I got another perspective on mediation, and I was reminded that it is, truly, Something Bigger. My perspective came from Gene Roberts at North Texas Negotiations who, along with Adam McGough, chairs this year’s Annual Conference for the Texas Association of Mediators.
Gene’s remarks begin with the traditional perspective of a conference chair, but the message he gets to is unmistakable:
The conference is run by volunteers. There’s no paid staff. We’ve done our best and we ask for your indulgence if something unexpected happens. It’s not for want of planning More…
2 PerspectivesJune 11, 2012
As you may know from my last post, I’ve been working on a few settlement counsel projects this summer. Along the way I’ve learned that it’s not always easy to determine who actually serves as settlement counsel. This is my effort to fix that problem.
Subject to the caveats at the bottom of this post, this list includes all the active settlement counsel I have found, updated as new information arrives. If you’re aware of additional settlement counsel out there, or if you believe the hyperlink to one of the folks listed below needs to be updated, please let me know.
List of Special Settlement Counsel
- Stephen D. “Steve” Altman – Washington, D.C.
- Trey Bergman – Houston, Texas
- Robert W. “Bob” Berliner, Jr. – Chicago, Illinois
- Julian W. Bodnar – Saskatoon, Saskatchewan (Canada)
- Monte Bond – Dallas, Texas
- Mark J. Bunim – New York, New York
- Mark A. Calhoun – Dallas, Texas
- Francis “Frank” Carling – New York, New York
- Francis L. Carter - Miami, Florida
- Jonathan M. Cohen – Washington, D.C.
- Robert F. “Bob” Copple – Scottsdale, Arizona
- Ralph Cuervo-Lorens – Toronto, Ontario (Canada)
- Ben Cunningham – Austin, Texas
- John DeGroote – Dallas, Texas More…
1 PerspectiveMay 29, 2012
“We do not ask our generals to be diplomats, nor our diplomats to be generals.” William F. Coyne, Jr. used that quote to explain the concept of settlement counsel in a Negotiation Journal article over a decade ago, and I keep coming back to it.
Why does your litigator focus on what happened, rather than what you want? Is there a reason she needs more depositions before she’s ready to talk settlement? Why does she have a trial plan but not a settlement plan?
Why Your Litigator Does What She Does
Dallas-based settlement counsel Christopher Nolland recently told me that the story of The Scorpion and the Frog helps explain why we need special settlement counsel, and he’s right. AesopFables.com tells the story as follows:
A scorpion and a frog meet on the bank of a stream and the scorpion asks the frog to carry him across on its back. The frog asks, “How do I More…