The ABA published another interesting article discussing the dismissal of a third-party complaint because the parties failed to mediate as required by their contract. Entitled “Failure to Mediate Causes Dismisses of Case” by Michael Stefanilo, Jr, the article (dated March 23,2022) highlights Rivas v CBK Lodge General Partner, LLC, U.S. [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]
This semester, I will be co-teaching a course in negotiation. To prepare, I read the three assigned textbooks on the subject over the holidays. What struck me but not as a surprise, is that each author emphasized the importance of preparing for the mediation. None of them suggests simply walking [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]
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]
In May 2019, I posted a blog discussing the creativity of lawyers and "out of the box" thinking. On behalf of their client Alison Patricia Taylor, the lawyers sued the City of Saginaw, Michigan under 42 USC § 1983 (violation of civil rights) by chalking her tires in violation of [Read More]
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]
