Mediation Blog
“Good Faith”
"Good Faith"Quite often, one party accuses the other party of not negotiating in "good faith". I never gave much thought to the precise meaning of this term until I attended an entertainment law seminar in which one [Read More]
The Accidental Mediation
As a mediator specializing in "lemon law" cases, I work with many of the same plaintiffs' and defense counsel over and over again. They also work with each other over and over again, as well. [Read More]
It is all about the Food
Something tells me that being a foodie if not a chef should be part of the job description of a mediator.  About a month ago, I wrote about a study that showed how one's grumpiness [Read More]
Anger Management
Let us suppose that you are at a mediation or in some sort of negotiation and the other party has just said something that has gotten you so angry, you are ready to grab your [Read More]
Side Stepping Federal Mediation Confidentiality
Once again, the Ninth Circuit Court of Appeals has addressed the issue of the federal common law mediation confidentiality privilege without addressing it. It avoids the issue by saying that while the federal common law [Read More]
Walking Away an Impasse
In many mediations (including those I have conducted), there comes a point when the parties are at an impasse: they are stymied in reaching a settlement. The plaintiff wants more, and the defendant believes it [Read More]
