“Good faith”

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 [...]

13 04, 2018

What is “Good Faith”?

By |2018-03-23T15:49:44+00:00April 13th, 2018|Mediations|1 Comment

Recently, I conducted a mediation in which defense counsel was very candid with me by advising that she was there only because the court ordered the mediation and  her client would just assume take the matter to trial.  In this connection, she further advised that  her  client has been taking a very aggressive approach to [...]

5 09, 2014

Lessons to Be Learned

By |2017-05-13T07:47:44+00:00September 5th, 2014|Actual Mediations|Comments Off on Lessons to Be Learned

Over the last couple of months, I have posted blogs entitled Anger Management (June 13, 2014), Good Faith (July 3, 2014); Listening for the Emotions (July 18, 2014); Which System is In Control? (July 25, 2014) and Vengeance Shall Never be  Yours August 1, 2014). On numerous occasions, I have also discussed the notion of preparing [...]

3 07, 2014

“Good Faith”

By |2017-05-13T07:27:49+00:00July 3rd, 2014|Negotiation Strategy|Comments Off on “Good Faith”

"Good Faith"Quite often, one party accuses the other party of not negotiating in "good faith". I never gave much thought to the precise meaning of this term until I attended an entertainment law seminar in which one of the speakers mentioned that most entertainment contracts contain a clause requiring the parties to negotiate the terms "in good [...]