mediation

/Tag:mediation
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 [...]

16 06, 2017

Aren’t My Notes Confidential?

By | 2017-05-30T15:36:39+00:00 June 16th, 2017|Court Cases, Uncategorized|0 Comments

I stumbled across an article about a case filed in court, Jane Doe v Proskauer Rose LLP., U.S. District Court (D. C.), case No. 1:17-cv-00910-ABJ, that absolutely intrigues me as a mediator. Using the pseudonym Jane Doe, a female partner in the law firm's District of Columbia office sued the firm for gender discrimination, claiming, [...]

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 [...]

12 05, 2017

What is your Goal?

By | 2017-05-13T07:39:55+00:00 May 12th, 2017|Conflict resolution|0 Comments

I just obtained a teaching position as a Lecturer of Law (aka adjunct professor) at University of Southern California Gould School of Law teaching the mediation ethics portion of an ADR Ethics class. One of the issues we will be discussing is the conflicting goals of the participants (that is, the parties, their attorneys, and [...]

28 04, 2017

You Decide!

By | 2017-05-13T07:40:01+00:00 April 28th, 2017|Actual Mediations|0 Comments

While everyone agrees that it is always best to have the actual parties and counsel physically present at a mediation, this is not always possible. Often, the plaintiff may appear by telephone and at times, I may not even be able to speak to the plaintiff but only to her counsel sitting in my conference [...]

14 04, 2017

Some More Truths About Alternative Facts

By | 2017-05-13T07:40:09+00:00 April 14th, 2017|News articles|0 Comments

If you have not yet figured it out, this notion of “alternative facts” intrigues me. (This is my third blog about it!) I think it is because as a mediator, I witness “alternative facts” quite frequently. No party is “lying” to me; in telling her story to me, she is simply telling me the “facts” as [...]