Actual Mediations

28 06, 2019

May I Talk to the Other Party ?

By |2019-06-28T10:02:06-07:00June 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 |2019-04-17T11:15:12-07:00April 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 |2018-11-26T17:41:17-07:00December 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 |2018-10-27T09:33:23-07:00October 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 |2018-10-26T11:51:14-07:00October 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 |2018-09-24T11:04:25-07:00October 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 |2018-07-27T12:31:45-07:00August 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 |2018-06-26T14:20:04-07:00July 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 [...]