It is often said that the smaller the amount in dispute, the harder it is to settle the matter. I agree. . . having just experienced such a mediation. The matter was on appeal. The parties wanted to mediate before the opening brief was due in the hopes of settling [Read More]
A few weeks ago, I posted a blog entitled "Mediation is a Mindset" suggesting that if one walks into a mediation with a positive attitude, the mediation will probably be successful. Unwittingly, I was discussing "optimism bias" which, as defined in Wikipedia: ". . .is the demonstrated systematic tendency for [Read More]
Earlier this month, a Superior Court Commissioner sitting in small claims court in Torrance, California held that a plaintiff (who opted out of a class action) was entitled to a judgment against the American Honda Motor Co, Inc. because she did not get the gas mileage (or mpg's) which Honda [Read More]
One of the more memorable movie lines is from Forrest Gump (1994) when Gump comments "My momma always said, "Life was like a box of chocolates. You never know what you're gonna to get." " Mediations are like that, too; as a mediator, I never know what to expect. I [Read More]
The January 2012 issue of the California Lawyer contains an article about tattoos in court. As the blurb intrigued me, I read the article, entitled "Tattoos as Evidence" by Ryan Lozar (pp 37-39) (Tattoos as Evidence ) in which the author discusses the existence of a tattoo on a criminal [Read More]
Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with [Read More]
What makes or breaks a successful mediation? Your mindset; that is, how you approach it. Like athletes before an event, one must "visualize" the process of mediation and its successful outcome. Create a mental (if not actual) checklist of the pertinent facts and issues and think about alternative ways to [Read More]
First and foremost, I want to wish each of you a very healthy, happy, prosperous and peaceful New Year. To obtain that peace and a peaceful resolution to all of your disputes, may I suggest something different and oxymoronic: trust. That is right, "trust". Why? Because, a lot of disputes [Read More]
