mediation

6 12, 2018

Losing Sight of the Forest for the Trees!

By |2018-11-26T17:41:17+00:00December 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 [...]

2 11, 2018

How Do You Negotiate?

By |2018-10-24T16:03:10+00:00November 2nd, 2018|Negotiation Strategy|0 Comments

The art of negotiation seems to be very much in the news today, with issues involving trade, tariffs, immigration, arms sales, nuclear arms, et cetera. In preparing to teach a class on negotiation ethics as part of my Mediation Ethics course at USC Gould School of Law, it dawned on me that the leaders of [...]

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 [...]

28 09, 2018

Mediate Early!

By |2018-09-12T12:32:13+00:00September 28th, 2018|Research|0 Comments

I stumbled upon an article in mediate.com discussing an empirical study conducted in the Singapore Courts about their use of mediation. The actual article, (How Should the Courts Know Whether a Dispute is Ready and Suitable for Mediation? An Empirical Analysis of the Singapore Courts’ Referral of Civil Disputes to Mediation.) appearing in the Spring [...]

12 09, 2018

New Mediation Confidentiality Law

By |2018-09-12T18:14:38+00:00September 12th, 2018|Legislature|0 Comments

On September 11, 2018, Governor Jerry Brown signed  SB 954 which (when it takes effect on January 1, 2019) will require attorneys to inform their clients of the confidentiality restrictions related to mediation and to obtain their clients’ written acknowledgment that this disclosure has been made to them and that they understand it. While this [...]

31 08, 2018

Don’t Take It Personally!

By |2018-08-27T15:12:56+00:00August 31st, 2018|News articles|0 Comments

Senator John McCain died last Saturday- August 25, 2018. And since then, tributes and remembrances have been pouring in from all over the world. Except for one person: The President of the United States. On Saturday, in a very terse tweet, he sent his condolences and sympathies to Senator McCain’s family, not focusing on the [...]