Process Before Substance

As part of a book club group, I recently read Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle) by Deepak Malhotra (Berrett-Koehler Publishers, Inc. 2016). The thesis of the book is simple: to resolve any conflict, one must employ Framing, Process and Empathy. [Read More]

By |August 2nd, 2019|Research|

Starting With the Small Stuff

In my early training to be a mediator, the trainer often suggested that to help the parties reach an agreement on the really big issues, start with the small ones. Discuss the easy issues first and obtain agreement on those. This will build momentum and a sense that resolution is [Read More]

By |June 21st, 2019|News articles|

Joint Sessions CAN be Valuable!

Many mediators in California will acknowledge that most parties in litigated cases do not like joint sessions and prefer to mediate using caucuses or separate sessions only. There are various reasons for this, among them a belief that counsel may lose control of the situation, that the joint session will [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|

Seeking “Justice”

Plaintiffs file lawsuits seeking “justice”. Defendants respond, stating they are seeking “justice” as well. Both come to mediation, seeking “justice”.  When I am told this, that each side wants “justice”, I am not sure how to respond because I do not know exactly what that word means. An article by [Read More]

By |June 6th, 2015|Mediations, Research|