Mediation Blog
How Not To Mediate: An Actual Mediation
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, [Read More]
Elements of an Unsuccessful Negotiation Strategy
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 [Read More]
The Arbitration Fairness Act of 2013
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 [Read More]
The Subtly of Actual Mediations
Most folks think that the purpose of mediation is to settle cases. However, in the last few weeks, I have conducted some actual mediations that were "successful" yet did not settle. Although the parties came [Read More]
The Future is Closer Than We Realize
In its April 5, 2013 edition, The Economist had an interesting article in its Science and Technology section about how we judge time. Entitled "Yesterday Came Suddenly", it discusses a study to be published in [Read More]
Effective Negotiations
I came across a 2009 blog the other day written by Anthony K. Tjan for the Harvard Business Review. It contains 4 simple rules for effective negotiations; reading through them- I found them to be [Read More]
