Actual Mediations

/Actual Mediations
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 [...]

10 11, 2017

I Apologize For Suggesting It !

By |2017-10-27T11:33:54+00:00November 10th, 2017|Actual Mediations|1 Comment

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+00:00August 25th, 2017|Actual Mediations|1 Comment

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 [...]