Recently, I conducted a mediation during which the matter did not settle. However, after the mediation session was over, the parties continued to negotiate- trading monetary demands and offers back and forth. It was a credit reporting case in which plaintiff alleged and defendant denied that an alleged credit transaction [Read More]
Recently, I conducted three mediations almost simultaneously. While I have conducted two mediations somewhat at the same time because the first one did not conclude before the second one was scheduled to start (and I do not like to keep people waiting!), this was a first for me.No doubt, one's [Read More]
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, among other things, that she worked long hours for which she was not adequately paid, [Read More]
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 to a legal malpractice claim. Looking through them, I realized that many of them will [Read More]
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 to mediation with the goal of settling, they walked out accomplishing other purposes.There are many [Read More]
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 Psychological Science indicating that we view the future as being closer than the past. Calling [Read More]
A few weeks ago, I conducted a "lemon law" mediation. Over the past few months, most of these have been conducted by using separate sessions only; counsel have not wanted to participate in joint sessions. However, this time, plaintiff's counsel wanted to hold a joint session. Defense counsel who had [Read More]
On January 11, 2013, I posted a blog entitled "A Mediator's Wish List" which discussed a letter to Santa Claus in which the author, a mediator, asked for three gifts: perspective and understanding; empathy and connection; and forgiveness and healing. (a-mediators-wish-list ) The letter appeared in the January 2013 issue [Read More]
