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Don McNeil | Mediation Blog
Don's Blog
MCNEIL Mediation
A Bid Auction for a Slice of Pie
A prominent business litigation attorney (okay, it was Mike Mahoney) recently told me the story of two young men fighting over grandma's apple pie. They could not agree on how to split up the pie. Each wanted to cut the pie their own way leaving the smaller slice to...
Voltaire and the Cost of a Lawsuit
At the conclusion of a particularly acrimonious yet victorious trial, a client gave me a framed quote from Voltaire: “I was never ruined but twice: once when I lost a lawsuit, and once when I won.†I keep that picture in a prominent location in my office for all...
TWO IMPORTANT THINGS YOU SHOULD KNOW ABOUT TAXES AND MEDIATION
In 1798, Benjamin Franklin sent a letter to his friend Jean-Baptiste Leroy reporting “our new Constitution is now established, and has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.†Two hundred...
Two Landmines in Confidential Settlement Agreements
Over the last few years, Bill O’Reilly was the subject of at least five claims of sexual harassment that reached a supposed confidential settlement. The settlements occurred before litigation and before there were any public filings at the local courthouse. It was...
Discourage Litigation
In his papers, historians found fragments of a lecture that Abraham Lincoln had prepared that remains appropriate today for clients and lawyers. This lecture, dated July 1, 1850, provided some sage advice for attorneys that has stood the test of time. The...
Three Unique Aspects of Mediating FINRA Employment Non-Solicit Disputes
Non-competition or non-solicitation agreements between a registered representative and a broker-dealer were popular for many years. It seemed like every Friday afternoon a registered representative would tender a resignation and then the parties were off to the races...
One More Day of Political Ads: An Example of A Case that Just Cannot Be Mediated
Virtually every case in Minnesota filed in the state court system must go through some type of alternative dispute resolution, like mediation. There are a few exceptions, notably in guardianship and conservatorship proceedings, and domestic abuse or civil commitment...
Details That You Really Need to Know About “Blind Mediationâ€
You are representing a client in a multi-party dispute, and no one wants to offer more than the other party to settle the case. Everyone is pointing at someone else or trying to lay low in order to avoid attention. The parties are dug in and heading full steam toward...
Three Important Details for a Successful Mediation Involving Individuals with Disabilities
Mediations that involve individuals with disabilities that are subject to a guardianship present unique legal challenges. (But, please, this blog does not apply for a mediation involving a person with a disability that does not have a guardian.) In order to have a...