The other day (March 3, 2008, p. 6) the Los Angeles Daily Journal carried an article by Robert A. Steinberg (a mediator with ADR Services) entitled “Mediation Requires Deal Makers, Not Decision Makers.” His theme is that “mediation is a facilitated negotiation.” (Emphasis original.) As Mr. Steinberg explains, “negotiations develop [Read More]
Many years ago, Robert Fisher and William Ury coined the acronym ‘BATNA’ meaning “Best Alternative To A Negotiated Agreement.” It represents the available alternatives when a party is unable to negotiate an agreement. In the context of litigation, it often means going to trial. Based on a study just published [Read More]
In November 2006, I wrote a blog entitled “Preparing For Mediation.” Its essence was that in order for a mediation to be successful (i.e. resolve the dispute), each party must prepare for the mediation. Otherwise, the mediation will end in frustration and disappointment. I visit this topic again because it [Read More]
Recently, Newsweek published an article entitled “Less (Information) Is More” by Wray Herbert. The thesis is that “. . . most people think too much before they make important decisions.” According to psychologist Gerd Gigerenzer of the Max Planck Institute in Germany, there is much evidence to suggest that we [Read More]
Does mediation confidentiality exist in federal court? The answer is far from clear. Depending on the circumstances, it is both "yes" and "no." BABASA v. LENSCRAFTERS My quest for this answer started by happenstance when I read the Ninth Circuit Court of Appeals' opinion in Babasa v. LensCrafters, Inc., 498 [Read More]
Earlier this week, I mediated a case between a homeowner and a general contractor about an unsuccessful home improvement. The general contractor built two patios, pouring the concrete without checking the weather forecast. Later that evening, it rained heavily causing the concrete not to “cure” properly. While the contractor attempted [Read More]
Alexander Graham Bell once said, “Before anything else, preparation is the key to success.” We have all heard the adage to the effect that success is 99% hard work and 1% luck. So, too, with mediations. To reach a resolution during a mediation, each party must prepare for the mediation. [Read More]
