settlement

26 10, 2018

A Wise Use of Mediation

By |2018-10-26T11:51:14+00:00October 26th, 2018|Actual Mediations|0 Comments

One well known mantra of mediators is that it is always better to mediate prior to filing a lawsuit  than to incur the time and expense lawsuits entail. Most lawyers will tell you that litigation is the most expensive and least efficient way of resolving a matter; yet, they will typically file a lawsuit and [...]

28 09, 2018

Mediate Early!

By |2018-09-12T12:32:13+00:00September 28th, 2018|Research|0 Comments

I stumbled upon an article in mediate.com discussing an empirical study conducted in the Singapore Courts about their use of mediation. The actual article, (How Should the Courts Know Whether a Dispute is Ready and Suitable for Mediation? An Empirical Analysis of the Singapore Courts’ Referral of Civil Disputes to Mediation.) appearing in the Spring [...]

31 08, 2018

Don’t Take It Personally!

By |2018-08-27T15:12:56+00:00August 31st, 2018|News articles|0 Comments

Senator John McCain died last Saturday- August 25, 2018. And since then, tributes and remembrances have been pouring in from all over the world. Except for one person: The President of the United States. On Saturday, in a very terse tweet, he sent his condolences and sympathies to Senator McCain’s family, not focusing on the [...]

10 08, 2018

Past the Time Is the Right Time!

By |2018-07-27T12:31:45+00:00August 10th, 2018|Actual Mediations|1 Comment

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. [...]

25 05, 2018

Detachment

By |2018-05-17T11:02:59+00:00May 25th, 2018|Actual Mediations|1 Comment

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 [...]

11 05, 2018

The Need For Preparation!

By |2018-04-23T15:23:22+00:00May 11th, 2018|Actual Mediations|2 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+00:00May 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 [...]

23 03, 2018

Happiness Up To A Point!

By |2018-03-09T13:18:54+00:00March 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 [...]