Actual Mediations

27 09, 2019

Sometimes, It Pays to Pretend Anger!

By |2019-09-17T17:46:00-08:00September 27th, 2019|Actual Mediations|0 Comments

Standard I of the Model Standards of Conduct for Mediators is entitled “Self- Determination” and provides that each party is to make a free and informed choice as to process and outcome. Mediation is a voluntary process in which each party is to make her own uncoerced decision. Standard II of the Model Standards of [...]

30 08, 2019

Framing, Process and Empathy: How important they really are!

By |2019-08-19T17:27:58-08:00August 30th, 2019|Actual Mediations|0 Comments

Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means presenting a proposal objectively so [...]

16 08, 2019

It Is All About Trust!

By |2019-08-02T10:18:22-08:00August 16th, 2019|Actual Mediations|0 Comments

The one thing I love about being a mediator is that it constantly brings new challenges and new insights into people. A recent mediation is no exception. In that mediation, for the first time, defense counsel advised that her client wished to proceed to trial because it believed that the alleged defect was not caused [...]

28 06, 2019

May I Talk to the Other Party ?

By |2019-06-28T10:02:06-08:00June 28th, 2019|Actual Mediations|0 Comments

I have said this before and will say it again: talking to the other party does wonders. After mediating more than 2,000 cases, I am still at a loss to understand why parties in litigation are afraid to sit down with each other and discuss the issues directly. ( I know the lawyers do not [...]

16 04, 2019

Getting California Mediation Settlements Enforced Is Now Harder

By |2019-04-17T11:15:12-08:00April 16th, 2019|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Originally published in Law360, April 9, 2019 Typically, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included are provisions that the settlement agreement may [...]

6 12, 2018

Losing Sight of the Forest for the Trees!

By |2018-11-26T17:41:17-08:00December 6th, 2018|Actual Mediations|0 Comments

I had a really weird almost mediation recently. It was a lemon law matter. It cancelled at the last minute simply because plaintiff’s counsel (let’s call her Joan) was sending another attorney (let’s call her Janice) in her stead. The defendant did not like this substitution and so cancelled. It all started when defense counsel [...]

26 10, 2018

Informed Consent in Mediations Taking Place in California

By |2018-10-27T09:33:23-08:00October 26th, 2018|Actual Mediations, Arbitration, Featured Articles, Legislature, Mediation|0 Comments

Informed Consent in Mediations Taking Place in California Originally published in the Daily Journal, September 28, 2018. Download the PDF Version of the Article Here Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to explain the process of mediation [...]