10 06, 2016

Mediation Attendance

By | 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 [...]

29 04, 2016

A Perfect Example of Engaging to Avoid

By | April 29th, 2016|Actual Mediations, Research|0 Comments

A few weeks ago, I discussed the paradox of Avoidance and Engagement as discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015). I cited the use of mediation as an example of this paradox. Parties engage in mediation to avoid further litigation or prolonging the dispute yet at the same [...]

26 02, 2016

Avoidance and Engagement

By | 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 [...]

29 01, 2016

An Offer to Settle Does Not End the Case!

By | January 29th, 2016|Actual Mediations, Arbitration, Court Cases|Comments Off on An Offer to Settle Does Not End the Case!

In November 2015, I discussed a Ninth Circuit Court of Appeals decision- Campbell Ewald Company v Gomez, 768 F. 3d 781 (9th Cir. 2014)- in which that court held that where Plaintiff rejects Defendant’s Federal Rule of Civil Procedure Rule 68 Offer of Judgment offering plaintiff all of the relief he requests, the case is [...]

27 11, 2015

The Value of a Joint Session

By | November 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 [...]

13 11, 2015

Asking the Tough But Necessary Questions!

By | November 13th, 2015|Negotiation Strategy, Research|0 Comments

Recently, I attended the California State Bar Convention. One presentation was entitled “Tackling Emotion in Mediation: Tips for Dealing with People in Conflict.” The panelists were Claudia Hagadus Long, Esq.; David M. Miller, Esq. and Randy Kolin, Psy.D. Based on the many, many mediations I have conducted, I have found that one of the biggest [...]

11 09, 2015

Rudeness Begets Rudeness!

By | September 11th, 2015|Negotiation Strategy, Research|0 Comments

I conducted a mediation the other day in which both sides professed that they wanted to settle the matter as the trial would be a “big distraction” but were stymied in their efforts due to personality conflicts. (They both wanted to settle as they did not want to have anything further to do with the [...]

1 05, 2015

Insuring Settlement

By | May 1st, 2015|Mediations, Negotiation Strategy|0 Comments

A colleague (Esther Bleuel) recently shared a quote by Benjamin Franklin: “Failing to Prepare is Preparing to Fail.” Recently, the Los Angeles Daily Journal published an article by Larry Mills entitled, How Counsel can make or break a settlement. (April 3, 2015- page 2 of Verdicts and Settlements). In essence, the article was all about [...]