Podcast description from the site: "On this edition of Ringler Radio, host Larry Cohen welcomes colleague, Greg Pollex, out of the Great Lakes office and guest, Attorney Richard C. Kaufman, from the law firm Zausmer, Kaufman, August, Caldwell  & Tayler, to discuss the importance of having a settlement broker present during mediation. Attorney Kaufman talks about his role as a mediator, his thoughts on the new Medicare rules and the importance of the mediator/settlement broker relationship.

Podcast: Play in new window | Download (Duration: 37:48 -- 29.7MB)

Related Podcasts

• August 16, 2010 -- The Settlement Table: A Defense Attorney's Perspective
• July 19, 2010 -- Construction Defect Cases
• July 6, 2010 -- Liability Transfers
• June 7, 2010 -- Marriage Cases & Structured Settlements
• April 26, 2010 -- Structured Settlements & Mediation in the Toyota Crisis

Active links and podcast are available at the source site listed below.

Source: Legal Talk Network, 30 August 2010. © 2010 · Legal Talk Network. Reproduced with permission of Scott R. Hess.

 This post was written by John Jantsch: "(Click to play or right click and "Save As" to download - Subscribe now via iTunes

Imagine this scenario. You run an ad that directs someone to your landing page for a free report. They fill out the form, providing only their email address, and fifteen seconds later you receive an alert that tells you this person is a very high profile blogger, connector and influencer in your industry - just the kind of person you are looking for to pilot your new white labeled service.

The process described above is no longer fiction due to an innovative new service called Flowtown. In this week's episode of the Duct Tape Marketing Podcast I visited with Flowtown cofounder and CEO Ethan Bloch. Flowtown's mission, according to Bloch, is to help businesses paint a really rich story about their customers by appending each customer's social media activity to their record. Or, as they put it on their website - turn an email into a social profile. I equate this to the high tech version of the salesperson of past days that knew how to quickly establish some sort of common ground with a prospect or customer..."

Continue reading this interesting post and reach the active links by clicking on the author's name.

Source: Duct Tape Marketing, © 2003-2010 Small Business Marketing Blog from Duct Tape Marketing, 18 August 2010. Reproduced with permission of the author.

This post was written by StephanieWestAllen: "Mediate.com editors' picks are:

• Howard Bellman: Mediators Used Instinct
• Frank Sander: Should Court Mediators Be Lawyers?
• Teresa Wakeen: Successful Mediation Practice
• Albie Davis: Central Ideas of Mediation
• Jeff Krivis: Success Will Be Market-Driven
• Bernie Mayer: Success in Seizing the Moment
• Peter Adler: Developing Intuition in Mediation

Mediate.com provides such an excellent service to the mediation community, don't you agree?"

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Source: idealawg, 4 May 2010, reproduced with permission of the author.

Podcast description from the site: "In Part one of this two-part series on mediation, Ringler Radio host,  Larry Cohen and colleague, Carmella A. Limongelli,  welcome certified mediator, Attorney Mark J. Bunim, to get a first-hand account of the mediation process when it comes to lawsuits and settlements.  Larry, Carmella and Mark spotlight the role of the mediator and the structured settlement professional in the mediation process and look at basic mediation concepts.

Podcast: Play in new window | Download (Duration: 34:13 -- 25.1MB)"

Active links and podcast are available at the source site listed below.

Source: Legal Talk Network, 13 April 2010. © 2010 · Legal Talk Network. Reproduced with permission of Scott R. Hess.

This post was written by StephanieWestAllen: "Abstract:

Mediation has grown tremendously in the last three decades, yet only a small number of mediators have been able to benefit financially from its growth. The supply of willing mediators by far exceeds the demand for their services. Mediator trainee overoptimism and the lack of formal barriers to entry result in excess entry in the market for mediators..."

Continue reading this interesting post by clicking on the author's name.

Source: idealawg, 8 March 2010, reproduced with permission of the author

This post was written by JD Hull: "For lawyers, depositions are like CAT Scans. It seems you can never be faulted for doing one too many.

If we can ever get international arbitration and mediation away from litigators like me, and over to the true "resolvers", it may work as it was intended, and as many GCs still want it to work. In the meantime, do read "Changes In Legal Practice And The Use Of ADR" by Richard Webb at his Healthcare Neutral ADR. Excerpts [follow]

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Source: What About Clients? 3 March 2010. © 2005-2010 John Daniel Hull, reproduced with permission of the author.

Posted by StephanieWestAllen: "Thanks, SSRN.

• "The Four Ways to Assure Mediator Quality (and Why None of Them Work)"
• "Caucus with Care: The Impact of Pre-Mediation Caucuses on Conflict Resolution"
• "'I' Before 'E', Except in Mediation: Training Introverts to Use Extroverted Techniques to Become Stronger Mediators"

The active links are available at the source site listed below.

Source: idealawg, 19 November 2009

Posted by StephanieWestAllen: "Professor Dan Druckman bases his suggestions on research and case studies. I learned of him and his paper "Intuition or Counter-Intuition?: The Science Behind the Art of Negotiation" in a blog post by Phyllis G. Pollack; in the post she talks about both the presentation Dr. Druckman gave last weekend at the conference of the Southern California Mediation Association and his article.

I have not read the article yet but found on the 'net highlights of a talk he gave, at the Business School of the University of Western Australia, with the same title as the article. Here are his suggestion from the School's Web site:

• Discourage quick agreements by avoiding rapid concession exchanges.
• If an optimal or integrative solution/outcome is easy to discover, avoid exchanging "too much" information...
• Time the display of tough and soft tactics, sequencing them by presenting firm postures early, softer postures later.
• Do not use your experience or acquired skills to secure a better agreement only for yourself; use the skills to engage in log rolling and other tactics that can secure improved outcomes for all the negotiating parties.
• Negotiators generally want to settle; they also tend to approach negotiation as competitors...
• Orchestrate the negotiating situation for flexibility by insulating the talks from media coverage, avoiding ideological debates, and reducing accountability to constituencies or other parties with vested interests in the outcome.
• Avoid embarrassing your opponent...
• For third parties: Suggest compromises early to establish a reputation for fairness, but discourage actually making compromises in favor of an information exchange.
• Impasses can be useful...

Have any of you read "Intuition or Counter-Intuition?: The Science Behind the Art of Negotiation"?

The active links are available at the source site listed below.

Source: idealawg, 13 November 2009

From the site: "In part one of Credit Card Consumers & Arbitration, co-hosts Bob Ambrogi and J. Craig Williams discussed consumer rights and mandatory arbitration used when a dispute between the credit card holder and the credit card company arises. In part two, Bob & Craig welcome back Attorney Deepak Gupta,  staff attorney at Public Citizen Litigation Group and Attorney Alan Kaplinsky, senior partner at the firm, Ballard Spahr Andrews and Ingersoll,  to discuss the Arbitration Fairness Act, what's next in arbitration and add their insight to the already lively discussion on this controversial topic.

Podcast: Play in new window | Download (Duration: 36:28 -- 28.1MB)

Related Podcasts

August 27, 2009 -- Credit Card Consumers & Arbitration

The active links are available at the source site listed below.

Source: Legal Talk Network, 3 September 2009

Posted by Chuck Newton: "Oh, that is a mouthful, but it is true.

I read this recently about business in general and I think from my experience it applies to law clients as well.  A referral has a 60% chance of becoming a sale, with other methods coming in a distant 10% or less.  It is actually a lot less.

Does this mean that an attorney is not closing 90% of the clients that go through his office based upon advertising, let us say?

No.  But, what it does say, and what we know is true, is that 60% of those people referred to you by a reliable source are likely to make their way through your entire system, from calling, to booking an appointment, to actually showing up at your office, going through the legal options available with you, agreeing to retain you and actually paying you money...

Continue reading this interesting post at the source site listed below.

Source: Chuck Newton Rides the Third Wave, 26 May 2009