While I have written posts before, this is my first post for the new TLH Consulting Co. website. In a bit, I’ll talk more about the new website and about my approach to mediation. But first, let me state how best to get in touch with me…

As we continue our journey along the mediation highway, I think it might be appropriate to look backward so that we can motor along. We have covered the topics of: using a mediation as a discovery tool, the mediation close to trial, and how trust established among those interacting in the mediation affects its outcome. …

In my career I have gained insight into the reasons why some matters are resolved voluntarily and others are not. In my experience, there is a common denominator throughout these matters: trust. …

Until now in our ‘mediation journey’, it has been assumed that the mediation has been held sufficiently far in advance of trial so that its use as a discovery tool could be fully utilized. This next series of posts will focus on mediations that take place in the four-week period prior to trial commencing. …

Over the last 20+ years -- in my time as a trial judge, mediator and arbitrator -- I have learned that while the spoken reason given by litigants for scheduling a mediation is the resolution of a case, the unspoken reason is to conduct a wide-ranging discovery session aimed at obtaining insight into one’s opponents’ case strategy. …