A lesson learned!

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]

By |March 25th, 2022|Actual Mediations|

Overriding Self-determination

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]

By |October 29th, 2021|Actual Mediations|

The Mediator as a Choice Architect.

One of the most important aspects of mediation is self-determination. Standard 1 of the Model Standards of Conduct for Mediation is entitled "Self-Determination." It provides that a mediator shall conduct a mediation based on self-determination which it defines as the "act of coming to a voluntary uncoerced decision in which [Read More]

By |September 24th, 2021|Research|

Mediation Briefs and Preparation

Why do mediators request briefs from the parties? No- it is not just to learn about the case. Their more important function is to force the parties to think and analyze their case; to give some thought about the strengths and weaknesses of their respective cases and consequently, their position [Read More]

By |July 16th, 2021|Mediations|

“Tripping Over the Truth”

  I recently finished reading The Power of Moments by Chip Heath and Dan Heath (Simon &Schuster, New York 2017) for an upcoming book club discussion. The authors note that we spend the bulk of our lives living forgettable moments. Yet, every once in a while, we have a moment [Read More]

By |June 4th, 2021|Research|