Actual Mediations

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11 05, 2018

The Need For Preparation!

By | 2018-04-23T15:23:22+00:00 May 11th, 2018|Actual Mediations|0 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+00:00 May 4th, 2018|Actual Mediations|0 Comments

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+00:00 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 [...]