Revisiting “Good Faith”!

In 2018, I wrote a blog about mediating in “good faith”. It involved a mediation in which defense counsel admitted that she was there ONLY because the court had ordered the mediation; her client was not inclined to settle or to offer anything in settlement. This posed the question: was [Read More]

By |January 24th, 2020|Research|

Why Come To Mediation?

It happened again.  A mediation that went nowhere fast when the defendant attended mediation “because” it was court-ordered. And… defendant offered zero in settlement. It was a property damage case. Plaintiff alleged her vehicle was side swiped while parked on the street overnight.  The automobile insurance company had an “expert” [Read More]

What is “Good Faith”?

Recently, I conducted a mediation in which defense counsel was very candid with me by advising that she was there only because the court ordered the mediation and  her client would just assume take the matter to trial.  In this connection, she further advised that  her  client has been taking [Read More]

By |April 13th, 2018|Mediations|

Lessons to Be Learned

Over the last couple of months, I have posted blogs entitled Anger Management (June 13, 2014), Good Faith (July 3, 2014); Listening for the Emotions (July 18, 2014); Which System is In Control? (July 25, 2014) and Vengeance Shall Never be  Yours August 1, 2014). On numerous occasions, I have also [Read More]

By |September 5th, 2014|Actual Mediations|

“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 of the speakers mentioned that most entertainment contracts contain a clause requiring the parties to [Read More]