4 05, 2018

Joint Sessions CAN be Valuable!

By |2018-04-16T16:47:11+00:00May 4th, 2018|Actual Mediations|1 Comment

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 [...]

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 [...]

27 11, 2015

The Value of a Joint Session

By |2017-05-13T07:43:59+00:00November 27th, 2015|Mediation, Negotiating, Negotiation Strategy, Research|0 Comments

Depending upon where one mediates within the United States, the mediator either will start the mediation with a joint session or will simply start with separate sessions so that the adverse parties may, indeed, never see each other. For some reason, using joint sessions is popular on the east coast but most folks in California [...]

12 06, 2015

Getting over the Bump in the Road

By |2017-05-13T07:45:20+00:00June 12th, 2015|Negotiation Strategy, Research|0 Comments

At a certain point in almost every negotiation and every mediation, the parties get stuck; they hit impasse or a bump in the road. Recently, I attended a training with Professor Carrie Menkel- Meadow. In one of her handouts, she discussed ways to creatively solve the issues. They include: 1. Use of analogy (direct, fanciful) [...]

6 06, 2015

Seeking “Justice”

By |2017-05-13T07:45:26+00:00June 6th, 2015|Mediations, Research|0 Comments

Plaintiffs file lawsuits seeking “justice”. Defendants respond, stating they are seeking “justice” as well. Both come to mediation, seeking “justice”.  When I am told this, that each side wants “justice”, I am not sure how to respond because I do not know exactly what that word means. An article by Jonathan M. Hyman and Lela [...]

5 12, 2014

Mediations are supposed to be confidential… but are they really?

By |2017-05-13T07:46:57+00:00December 5th, 2014|Research|Comments Off on Mediations are supposed to be confidential… but are they really?

Either as a participant in a mediation or as the mediator, we have all learned the cardinal rule that mediations are confidential both in terms of the statements and other communications made during the mediation and the information the mediator keeps to herself, not sharing it with the other parties. Many times a mediator has [...]

16 11, 2012

Giving Thanks

By |2017-05-13T07:33:36+00:00November 16th, 2012|Research|Comments Off on Giving Thanks

Very soon, it will be Thanksgiving. Reflecting on this, I decided to do some research and came upon an article printed last year in the Huffington Post about giving thanks. The article by Seth Borenstein of the Associated Press, entitled, "Why Giving Thanks Is Good for the Psyche" discusses the neuroscience behind counting your blessings. [...]