Zacks Resolution, LLC September 2015

David ZacksAND SO IT GOES!

You probably received my note last month with the quote ‘the only constant is change’ and wondered ‘What is David doing now?’  Well, I am excited to announce that I am joining the Panel of Neutrals at Henning Mediation & Arbitration Service. As you know, mediation is my passion, and I have been transitioning to it with Zacks Resolution, LLC. 

When Henning approached me with this opportunity to join their Panel, I felt they could provide an excellent base for me to conduct mediation and arbitration for you and your clients.  I am also certain my experience in healthcare, personal injury and general business will be put to good use there.

“We are very excited to have David Zacks join our Panel of Neutrals. With over 45 years of experience as a litigator and mediator, David is a perfect fit for our mediation model. We all feel his affiliation with Henning will enhance our position in the dispute resolution market and allow David to take his mediation practice to a whole new level.”  
Richard Colley – President  
Henning Mediation & Arbitration, Inc.

You may still reach me for mediation services at (404) 815-6100 or you can call Henning directly at (770) 955-2252.  You can also access my availability calendar and submit requests for mediations at or I will keep you updated through my eNotes and welcome the opportunity to speak with you anytime about my new situation!

David Zacks, President
Zacks Resolution, llc  

P.S. On Thursday, September 17, 2015, I am looking forward to speaking at the Drake Bankruptcy Inn of Court in Augusta on “Should You Consider Mediation in Bankruptcy Cases?”

On Friday, September 18, 2015, I will be offering a free, one-hour CLE at Henning Mediation at 8:30 a.m. on “Sticky Issues.” It is approved by the Georgia Bar Association and participants will receive a one-hour CLE credit and one-hour Professionalism credit.


Quote: “I hear you have a son in college.  Is he going to become a doctor, lawyer, engineer, or a computer technician?”  A slow quizzical answer came back, “I can’t be sure. Right now the big question is -- is he going to become a sophomore?”

Tip: It is so easy during times of slow progress in mediation, to get ahead of ourselves.  We assume the end will be an impasse.  We assume the other party is not serious about reaching resolution.  Just as the joke that precedes this tip implies, the person asking the question assumes too much.  We need to remember that often mediation takes time and patience.  Let’s make sure we become a sophomore before we become a doctor or lawyer!


There is a book that has been around for a number of years entitled, "How: How We do Anything Means Everything" by Dov Seidman.  I recommend it to each of you.  It is a “how” book, not a “how-to” book. 


Richard Branson once made the important point that it is all about how you ask the question:  “Preacher, can I smoke while I am praying?”  Preacher’s response, “No.”

“Preacher, can I pray while I am smoking?” Answer, “Of course you can.”

It’s all about how you ask the question!


In honor of Colonel (Retired) Homer C. Pickens, Jr.

Last month a dear friend of mine passed away.  His name was Colonel (Retired) Homer C. Pickens, Jr.  Homer was the first investigator I ever hired and we worked together constantly for over 20 years. He had an outstanding military record, retiring as a full Colonel in Army Military Intelligence Corps.  He was a member of the elite Army Rangers, Special Forces and Airborne units.  He was an advisor to General Creighton Abrams and served three tours in the Republic of Vietnam.

Once he joined our firm after retirement, he assisted me in every type of case imaginable from airplane crashes, catastrophic burn victims and business clients to defending the medical malpractice community and more. He was a master at using his military skills in bringing precision to our small trial team. 

I was privileged to give a eulogy during his funeral service in Augusta. Homer would continually provide quotes that we called “Homerisms.” Here are two good ones:

  • I know what they said, but what did they mean?”   This message is right on the mark as parties work through issues during mediation.
  • Your job is to make the lawyer look good!”  I miss Homer personally and also for getting this job done on so many occasions in my career.