settlement

28 06, 2019

May I Talk to the Other Party ?

By |2019-06-28T10:02:06-08:00June 28th, 2019|Actual Mediations|0 Comments

I have said this before and will say it again: talking to the other party does wonders. After mediating more than 2,000 cases, I am still at a loss to understand why parties in litigation are afraid to sit down with each other and discuss the issues directly. ( I know the lawyers do not [...]

6 12, 2018

Losing Sight of the Forest for the Trees!

By |2018-11-26T17:41:17-08:00December 6th, 2018|Actual Mediations|0 Comments

I had a really weird almost mediation recently. It was a lemon law matter. It cancelled at the last minute simply because plaintiff’s counsel (let’s call her Joan) was sending another attorney (let’s call her Janice) in her stead. The defendant did not like this substitution and so cancelled. It all started when defense counsel [...]

26 10, 2018

A Wise Use of Mediation

By |2018-10-26T11:51:14-08:00October 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 |2018-09-12T12:32:13-08:00September 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 |2018-08-27T15:12:56-08:00August 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 |2018-07-27T12:31:45-08:00August 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. [...]