Actual Mediations

26 10, 2018

Informed Consent in Mediations Taking Place in California

By |2018-10-27T09:33:23+00:00October 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 [...]

26 10, 2018

A Wise Use of Mediation

By |2018-10-26T11:51:14+00:00October 26th, 2018|Actual Mediations|0 Comments

One well known mantra of mediators is that it is always better to mediate prior to filing a lawsuit  than to incur the time and expense lawsuits entail. Most lawyers will tell you that litigation is the most expensive and least efficient way of resolving a matter; yet, they will typically file a lawsuit and [...]

5 10, 2018

Too Many Cooks in the Kitchen!

By |2018-09-24T11:04:25+00:00October 5th, 2018|Actual Mediations|0 Comments

I just finished conducting a mediation (lemon law) which did not settle. And I think the prime reason was that there were too many different attorneys handling the matter. Although in the same firm, they apparently were not communicating with each other or the representative of the client handling the mediation. Plaintiff purchased a vehicle [...]

10 08, 2018

Past the Time Is the Right Time!

By |2018-07-27T12:31:45+00:00August 10th, 2018|Actual Mediations|1 Comment

Many, many years ago, someone once said to me that people do not begin to negotiate until it is past the time to negotiate. How true this can be as borne out by a recent mediation. The matter involved the purchase and sale of a condo. The mediation was held before any lawsuit was filed. [...]

13 07, 2018

Why Come To Mediation?

By |2018-06-26T14:20:04+00:00July 13th, 2018|Actual Mediations|1 Comment

It happened again.  A mediation that went nowhere fast when the defendant attended mediation “because” it was court-ordered. And… defendant offered zero in settlement. It was a property damage case. Plaintiff alleged her vehicle was side swiped while parked on the street overnight.  The automobile insurance company had an “expert” look at the damage and [...]

25 05, 2018

Detachment

By |2018-05-17T11:02:59+00:00May 25th, 2018|Actual Mediations|1 Comment

Recently, I wrote about the lack of preparation. This week, I am taking that topic one step further: detachment! I had a bizarre mediation the other day. As usual it was a lemon law matter but this time it involved both the manufacturer and the dealer. Unlike many other instances, the manufacturer did NOT agree [...]

11 05, 2018

The Need For Preparation!

By |2018-04-23T15:23:22+00:00May 11th, 2018|Actual Mediations|2 Comments

Several times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared. It truly did not know what it wanted [...]

4 05, 2018

Joint Sessions CAN be Valuable!

By |2018-04-16T16:47:11+00:00May 4th, 2018|Actual Mediations|1 Comment

Many mediators in California will acknowledge that most parties in litigated cases do not like joint sessions and prefer to mediate using caucuses or separate sessions only. There are various reasons for this, among them a belief that counsel may lose control of the situation, that the joint session will devolve into a hostile, adversarial [...]