settlement

/Tag:settlement
11 05, 2018

The Need For Preparation!

By | 2018-04-23T15:23:22+00:00 May 11th, 2018|Actual Mediations|0 Comments

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 [...]

4 05, 2018

Joint Sessions CAN be Valuable!

By | 2018-04-16T16:47:11+00:00 May 4th, 2018|Actual Mediations|0 Comments

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 [...]

23 03, 2018

Happiness Up To A Point!

By | 2018-03-09T13:18:54+00:00 March 23rd, 2018|Research|0 Comments

Lawsuits are often about money. And the plaintiff often thinks that if she wins and gets all this money- she will be quite happy. And conversely, a defendant thinks that if she wins, she will save a whole lot of money which will make her happy! Well… as one might suspect, these aspirations are not [...]

16 03, 2018

Settlement Ethics 101

By | 2018-03-09T13:17:41+00:00 March 16th, 2018|News articles|0 Comments

As of last fall 2017, I am a Lecturer in Law at the University of Southern California (USC) Gould School of Law teaching ADR (Alternative Dispute Resolution) Ethics. I teach mediation ethics while my co-teacher covers arbitration ethics. With this perspective in mind, the recently filed lawsuit by Stormy Daniels against Donald Trump intrigued me [...]

10 06, 2016

Mediation Attendance

By | 2017-05-13T07:42:41+00:00 June 10th, 2016|Actual Mediations|0 Comments

Recently, I mediated a matter in which the defense representative did not appear in person but was available by telephone. Her attorney as well as plaintiff and her attorney were physically present. Prior to the mediation, counsel had agreed that the defense representative could be available by telephone as she lived on the other side [...]

26 02, 2016

Avoidance and Engagement

By | 2017-05-13T07:43:28+00:00 February 26th, 2016|Mediations, Negotiation Strategy, Research|0 Comments

In last week’s blog, I mentioned one paradox (competition and cooperation) discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015).  A second one is avoidance and engagement. Like the first paradox, on superficial glance, avoidance and engagement appear to be polar opposites. But, upon deeper reflection, and like the first [...]