Constance J. Miller

Mediator - Lawyer - Instructor

We share best practices gained from over 30 years of law practice and more than 20 years of mediation experience so you can excel and your clients reap the benefits. 

The opening comments in one of the first continuing legal education courses I took were made by the then President of the State Bar of Arizona. To paraphrase, he said, “The practice of law is among the learned and noble professions. Ministers, rabbis, and spiritual leaders help heal the soul and physicians, the body; but lawyers have the formidable task of helping to heal human relationships.”

And so, I began my career, balancing a busy litigation schedule and quality time with my dear husband, three young and curious children with their homework, pets, and other activities . . . you know, things like ballet, baseball, soccer, riding, swimming, and band.  I was often stressed and stretched. 

Many colleagues opted for arbitration for earlier resolutions to cases on a trial track.  However, I observed, and my experience also was, that arbitration was often as costly as litigation. Most judges offered settlement conferences, but, as well intentioned as those efforts were, clients didn't seem to appreciate the results of those conferences, even if agreement was reached. 

Although mediation has been a conflict resolution alternative to litigation for decades, the costs, uncertainty, and other dynamics of litigation re-ignited greater interest in mediation in the 1990s.  Court systems throughout the country began to offer mediation as a more accessible and cost-effective option for litigants.

In 1999, as the director for a new mediation program for lawyers and clients at odds with each other, I began to speak with lawyers and their clients from all over the world. As I mediated the lawyer-client conflicts, I heard about the frustration, desperation, and fear experienced by the client-litigants. The lawyers expressed high levels of stress due to long working hours, pressure to deliver winning results, the weight of family needs, and anxiety about failure.

One day the suicide of a lawyer, whose litigation practice, client relationships, and personal life were crumbling, changed my perspective.

In the days following the news of his death, I realized that neither the lawyer nor the client who initiated the inquiry realized that they had the power of self-determination in resolving the conflict between them, as well as other conflicts they faced. I also recognized how hard it is to shift from the “fight mindset” of conflict—the default in litigation mode—to a problem-solving and resolution mindset.

Since then, I have participated in and observed thousands of conflicts resolved in settings from courtrooms to boardrooms, and from business, community, educational, and religious associations to the individuals and families they serve. Of all forms of conflict resolution, I am convinced that mediation offers the greatest value. Why? Because the parties themselves, with their lawyers' expert guidance, choose their own solutions.

With a third-party—like a judge, jury, or arbitrator—you win or lose by the edict of persons with no real interest or investment in the conflict or its outcome. "No dog in the fight!" as they say in Texas. By contrast, mediation engages lawyers and their clients in transforming conflict into resolution by choice.

Join me to learn how to recapture time, energy, and money with proven negotiation strategies so you can consistently deliver excellent results for clients at mediation.

Here are the reasons you can depend on Constance Miller to help you save time, money, and energy to achieve the best possible resolutions in mediation:

• REPUTABLE – Constance Miller has been a respected leader in her field and community.
  
• EXPERIENCED – Our proudest accomplishment is the large number lawyers who put their trust in us year after year.
• INTEGRITY – Building a reputation of integrity takes years, but it takes only a second to lose. We don’t believe in cutting corners. The foundation of our reputation is our commitment to do the right thing at all times, regardless of whether anyone is watching.
• RESOURCES – We offer a wide variety of development and training programs built on timeless principles that get results.
• CUSTOMIZABLE – All of our curricula can be customized to specifically address your individual and organizational needs.
• 100% SATISFACTION GUARANTEE – We want you to be completely satisfied with our services. We will do whatever it takes for your satisfaction. No hassles, no problems.

Download your FREE GIFT NOW!

MEDIATION MASTERY

10 Strategies to Boost the Value of Your Next Mediation

- Written by Constance Miller

More than just a checklist . . . these 10 points unlock a treasure trove of insights from Constance Miller. They say that if you don’t know where you are going, any destination will do. But is that what your client wants? Is that really wise when you have an opportunity to mediate a conflict that threatens to become or is already in litigation?

Abraham Lincoln once said:

Give me six hours to chop down a tree and I will spend the first four sharpening the axe.

He also said: 

“A good settlement is better than a good lawsuit.”

The key to both? Preparation. Preparation. Preparation. Starting at the end is a great way to begin . . .  it guides you in mapping your way to successful outcomes in mediation and other negotiations.

Then from budgeting to developing a Mediation Notebook—for all the details at your fingertips—to timing and client involvement, Mediation Mastery is for you. It’s powerful preparation and negotiation strategies are designed to help you achieve success with lawsuit settlements on your terms.

What People Are Saying: