Actual Mediations

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10 11, 2017

I Apologize For Suggesting It !

By | 2017-10-27T11:33:54+00:00 November 10th, 2017|Actual Mediations|0 Comments

Mediations and their participants never cease to amaze me. Recently, I mediated a personal injury lawsuit. It should have settled as liability was not an issue.  Defendant was not contesting her fault for making a left turn immediately in front of Plaintiff’s vehicle that was proceeding straight. Rather, the issue was damages or how much [...]

25 08, 2017

The Non-Mediation Mediation

By | 2017-08-03T14:47:13+00:00 August 25th, 2017|Actual Mediations|0 Comments

In 2005, the American Bar Association together with other organizations, adopted the Model Standards of Conduct for Mediators. Standard 1  entitled “Self Determination”  defines it as … the act of coming to a voluntary, uncoerced decision in which each party makes free and informed choices as to process and outcome. Parties may exercise self-determination at [...]

9 06, 2017

A Prisoner’s Dilemma- Part 2

By | 2017-06-01T12:31:29+00:00 June 9th, 2017|Actual Mediations|0 Comments

A few weeks ago, I posted a blog about a subrogation matter which I mediated. The facts were not complicated: A homeowner parked her vehicle in her garage in her home and the next thing she knew, the garage caught fire and there was extensive smoke damage throughout the house. After paying out on the [...]

19 05, 2017

A Real Case of Prisoner’s Dilemma

By | 2017-05-13T07:39:55+00:00 May 19th, 2017|Actual Mediations|0 Comments

One of the first things I Iearned about in game theory was the prisoner’s dilemma. As explained in Wikipedia, this theory was developed in 1950 by Merrill Flood and Melvin Dresher while working at the RAND corporation. It explains why two rational beings may not cooperate even though it is in their best interests to [...]

28 04, 2017

You Decide!

By | 2017-05-13T07:40:01+00:00 April 28th, 2017|Actual Mediations|0 Comments

While everyone agrees that it is always best to have the actual parties and counsel physically present at a mediation, this is not always possible. Often, the plaintiff may appear by telephone and at times, I may not even be able to speak to the plaintiff but only to her counsel sitting in my conference [...]

22 12, 2016

Stepping Outside of Ourselves

By | 2017-05-13T07:41:13+00:00 December 22nd, 2016|Actual Mediations|0 Comments

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false. In social psychology circles, this tendency to discount others who do not share our world view is called “naïve realism” which according to Wikipedia (https://en.wikipedia.org/wiki/Na%C3%AFve_realism_(psychology) [...]