Recently, I conducted a mediation during which the matter did not settle. However, after the mediation session was over, the parties continued to negotiate- trading monetary demands and offers back and forth. It was a credit reporting case in which plaintiff alleged and defendant denied that an alleged credit transaction [Read More]
In the last few days, I have mediated a couple of cases in which ZOPA took center stage. ZOPA stands for Zone of Possible Agreement and as defined by Brad Spangler (and updated by Heidi Burgess in June 2013) on the Beyond Intractability website, it "...is the common ground between [Read More]
Recently, I conducted a mediation during which the matter did not settle. However, after the mediation session was over, the parties continued to negotiate- trading monetary demands and offers back and forth. It was a credit reporting case in which plaintiff alleged and defendant denied that an alleged credit transaction [Read More]
Recently, I came across a study on bias against fat ladies. Researchers at the Yale Rudd Center for Food Policy & Obesity found that a "significant bias" exists "...against female [obese] defendants in the courtroom...."("Huffington Post")The researchers created a mock jury trial using 471 participants of various weights. Each was [Read More]
Recently, I conducted three mediations almost simultaneously. While I have conducted two mediations somewhat at the same time because the first one did not conclude before the second one was scheduled to start (and I do not like to keep people waiting!), this was a first for me.No doubt, one's [Read More]
I conducted a mediation recently that had all of the ingredients for failure (as discussed in last week's blog) from the very start. It was a wage and hour case in which the plaintiff claimed, among other things, that she worked long hours for which she was not adequately paid, [Read More]
Negotiation strategy and legal malpractice claims have much in common. This point struck me as I read an article in the California state e-bar journal dated May 2, 2013, listing ten items that can lead to a legal malpractice claim. Looking through them, I realized that many of them will [Read More]
While my alternative dispute resolution focus is generally on mediation, a recent event in the arbitration field caught my attention. On May 7, 2013, Senator Al Franken (MN) introduced S. 878 (http://www.gpo.gov/fdsys/pkg/BILLS-113s878is/pdf/BILLS-113s878is.pdf ) in the Senate while his counterpart Rep. Henry C. "Hank" Johnson, Jr. (Ga-4) introduced H. R. 1844 [Read More]
