Zacks Resolution, LLC January 2016



Entering a New Year is always filled with excitement, uncertainty, and a list of things we want to accomplish. For me, in my new line of work, I have made several resolutions. A key one is to help attorneys reach a fair and early resolution to their clients’ litigation issues through my own brand of mediation.  I see this as key because it saves the parties and counsel time, stress and expense.    

A recent example illustrating that point was a dispute in the health care field in which I served as the mediator.  The case was settled, the plaintiff got the matter behind them, and the defendant implemented a new approach to analyzing and managing risk going forward.  The parties considered the result a win/win and it all had been done in one day with a confidential settlement agreement.

To that end, I’ll be speaking even more this year on mediation techniques and their benefits. On February 5, 2016 at 8:30 a.m., I will again present a CLE on “Sticky Issues in Mediation” at Henning Mediation, 3350 Riverwood Parkway, Riverwood Building, Lobby, Suite 75, Atlanta, Georgia 30339.  It is approved for 1 hour of CLE as well as professionalism credit. I hope you will consider joining us for this session.  It is free!

I wish you well in 2016 and look forward to helping you and your clients reach a fair and early resolution in your cases.
David Zacks

President, Zacks Resolution llc &
Panel of Neutrals, Henning Mediation
(770) 955-2252


Quote: “The best way to predict the future is to create it.”  ~Abraham Lincoln

Tip:Being creative with ideas on how to reach resolution is the finest quality of a good mediation. Be like Nike, “Just do it!”


Last month I asked Molly Fletcher to speak to my breakfast club.   The club’s motto is “We aim at nothing and seldom miss.”

Molly was the exception. As Roger Staubach said, “Molly Fletcher is a fierce negotiator, sports business owner, and brilliant business mind.”  Pick up her book – The Business of Being the Best.


One of the most memorable chapters in Molly Fletcher’s book addresses the issue of communicating for success.  She provides several stories driving home the principle:  “Good business people communicate; but great business people share ideas.”

We should consider this principle in order to seek the best possible outcome in a negotiated settlement.


A few months ago I had dinner with a few of Atlanta’s top litigators.  I urged them to tell me how all of us could improve the process of mediation. 

Their thoughts included:

  • Be sure you hire a mediator you trust.  One example given was that a mediator did not treat a matter confidentially when asked to do so.
  • Mediators need to speed up the negotiating process.
  • Make sure the parties have the authority to settle a matter.
  • Know that some cases are not suited for mediation.
  • Some cases can be resolved between the lawyers with no mediator.

These are all good issues that we will address in future articles. Stay tuned.