The other day I conducted a mediation between a non-English speaking plaintiff and a used car dealer. The issue was whether the dealer had misrepresented certain aspects of the sale to the plaintiff. We were well on the way to settling the matter when the issue of attorneys’ fees came [Read More]
Last week, I conducted a lemon law mediation which highlighted a very valuable lesson. People need to be heard, acknowledged, and told that what they are saying has merit. The plaintiff leased a luxury automobile. At one point, she brought it into the dealership after the check engine light came [Read More]
The last mediation I conducted in 2021 did not result in a resolution. There were a number of reasons why which I could not quite put my finger on. But over the holidays I read some books on negotiation which helped to crystallize my thinking. One of the books, Bargaining [Read More]
Recently, I conducted a mediation which from the moment I introduced myself, I knew it would not settle. Certain signs gave it away. The first sign was that the plaintiff was “too busy” to attend. And mind you- this is a mediation via zoom (or even by telephone!) According to [Read More]
I will never understand why people go to mediation (and pay lots of money to a mediator) when they are not prepared to settle. I had another one of those mediations recently that went nowhere even before it started. I knew something was amiss when I did not receive any [Read More]
Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination." It then defines "self-determination" as" …the act of coming to a voluntary uncoerced decision in which each party makes free and [Read More]
Mediators are supposed to avoid conflicts of interest. According to Standard III of the Model Standards of Conduct for Mediators (2005): …[a] conflict of interest can arise from involvement by a mediator with the subject matter of the dispute or from any relationship between the mediator with the subject matter [Read More]
Recently, I conducted two mediations that revealed the importance of flexibility, creativity and being prepared. The first one was an alleged wrongful termination case in which the employer was disputing that the alleged employee was even terminated. According to the alleged employer, the alleged employee quit while the employee claimed [Read More]
