Should You Hire a Particular Mediator? Last fall, the California legislature enacted Assembly Bill 1755, which put a rocket under lemon law cases. One significant change is that it requires every lemon law case filed in state court to be mediated within 150 days of the filing of a responsive [Read More]
Sometimes, parties attend mediation without being prepared. That is, they” wing it.” I can often tell that the party is “winging it” because they did not submit a brief. The submission of a brief is as much for the party’s benefit as it is for mine: It forces the party [Read More]
Once again, Thanksgiving is upon us. For the last two years, I posted the blog below, which I believe is as relevant today as it was in the past. So, I would like to share it again. And.... again, I want to thank each of you for such a great [Read More]
I attended a conference for mediators this past weekend. One of the participants raised the question for the parties attending a mediation: which is more important, self-determination or the impartiality of the mediator? The notion of self-determination is set out in Standard 1 of the Model Standards of Conduct for [Read More]
I recently attended a mediation that highlighted the notions of the one-shot player versus the repeat player and the imbalance of power that accompanies it. The case involved a customer ( Joe Doe) and a large company ( ABC Inc.). The customer, Joe Doe, was unhappy with the services rendered [Read More]
Tonight is Halloween, which got me thinking about it in terms of negotiation and dispute resolution. As I read its history, it struck me that its origin is actually an example of preemptive distributive bargaining. As explained on the History. Com website: Halloween’s origins date back to the ancient Celtic [Read More]
The Harvard Program on Negotiation posted an interesting article discussing the obvious: technology has changed how we negotiate and who we are. In “Does Using Technology in Negotiation Change Our Behavior” (October 16, 2025), the Pon staff writer starts by providing a typical example of parties beginning their negotiation by [Read More]
In my last blog, I noted that getting into a conflict is like getting stuck in the La Brea Tar Pits-one wades into the conflict (or the asphalt of the Tar Pits) and slowly sinks further and further into it. Suddenly, you find yourself stuck. Others perhaps try to come [Read More]
