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. [...]
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 [...]
My husband’s stay in the hospital has taught me a very basic lesson: knowing how to resolve disputes is a necessary tool in every aspect of life, especially in stressful situations such as hospital stays. This may get back to the notion discussed in an earlier blog, that some medical professionals forget that they are [...]
Someone once said to me that while to a butcher a pair of lamb chops is just another set of lamb chops, to a person who has not eaten in a long while, it will be the best meal ever. In sum, it is all a matter of perspective. I point this out because, once again, [...]
My office is in downtown Los Angeles. I usually start my mediations at 10:00 a.m. For a reason: so that the parties do not have to fight rush hour traffic to be on time (even though rush hour seems to be never ending). I have found that if people walk into a mediation angry and [...]
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 [...]
God, grant me the Serenity To accept the things I cannot change... Courage to change the things I can, And Wisdom to know the difference. (The Serenity Prayer) Several years ago, when my mother had severe dementia and was extremely ornery and contrary, my sister suggested that I read and remember the Serenity Prayer. I [...]
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 [...]