“reality check”

2 10, 2015

Stop and Think … Before Suing!

By |2015-09-15T12:55:32-08:00October 2nd, 2015|Court Cases|0 Comments

Californians have a reputation for being litigious; for making mountains out of mole hills. Judge Kozinski of the Ninth Circuit Court of Appeals minces no words on this point. A very small “tiff” got very much out of hand apparently because neither party had the courage (or common sense?) to admit the error and/or apologize. [...]

19 12, 2014

Giving Yourself Permission

By |2017-05-13T07:46:45-08:00December 19th, 2014|Odd stuff|0 Comments

The holidays are upon us, and with them come the usual stress and tension that family events often bring. Over Thanksgiving, I had an experience that put it in perspective for me. Although I am supposed to be the conflict resolution person, it was a cousin that gave me a very much needed “reality check”, [...]

12 12, 2014

It is All in Your Perspective!

By |2017-05-13T07:46:52-08:00December 12th, 2014|Odd stuff|0 Comments

The December 2014 edition of The Atlantic contains an interesting article entitled “The Real Roots of Midlife Crisis” by Jonathan Rauch. In it, he notes that mid-life crisis is not a unique reality to the United States. Rather, it is a worldwide phenomenon explained by science and more particularly the “U” or happiness curve. (See [...]

15 11, 2013

What is your S.W.O.T.?

By |2017-05-13T07:30:18-08:00November 15th, 2013|Negotiation Strategy|Comments Off on What is your S.W.O.T.?

A few months ago, I attended a board of directors meeting of the SCMA Education Foundation. At the meeting, the president started talking about "S.W.O.T. Analysis". Not having majored in business, I had no clue to what she was referencing.I have since learned; S. W.O.T. stands for "Strengths, Weaknesses, Opportunities and Threats." According to businessball.com, [...]

17 05, 2013

The Subtly of Actual Mediations

By |2015-02-17T10:18:28-08:00May 17th, 2013|Actual Mediations|Comments Off on The Subtly of Actual Mediations

Most folks think that the purpose of mediation is to settle cases. However, in the last few weeks, I have conducted some actual mediations that were "successful" yet did not settle. Although the parties came to mediation with the goal of settling, they walked out accomplishing other purposes.There are many secondary goals or reasons for [...]

8 02, 2013

A Reality Check

By |2017-05-13T07:32:52-08:00February 8th, 2013|Odd stuff|Comments Off on A Reality Check

One of the jobs of a mediator is to provide a "reality check"; to be a neutral, dispassionate third party, who can be objective and discuss with a party the "downside" or "adverse consequences" to her side of dispute. The goal is to have that party accept what is being said and to act accordingly. [...]

20 01, 2012

Attending By Telephone

By |2017-05-13T07:36:21-08:00January 20th, 2012|Actual Mediations|Comments Off on Attending By Telephone

Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with success: the cases settled. Yet, [...]