• Finding the Wormhole That Leads to Resolution
  • February 15, 2018 | Author: David W. Henry
  • Law Firm: Marshall Dennehey Warner Coleman & Goggin, P.C. - Orlando Office
  • In many of the mediations I am asked to attend, either as a lawyer or mediator, money is not the only solution to the problem. The parties have long-standing family or business connections or history that create animosity, distrust and some psychological impediment to resolution. This is particularly true in closely-held businesses, probate disputes or failed partnerships. Resolving these cases requires attention to things that lawyers are actually trained to ignore—legally irrelevant information. Lawyers are trained as extraordinary filters. Most frequently, we talk to the client and filter the inadmissible from the admissible, the procedurally possible from the desired, emotion and belief from provable fact, legally cognizable theory from inequitable but tangential "fairness" arguments that we know don't fly.