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|

There is NOTHING like Preparation!

Well, it happened again; another mediation in which one side was not prepared. And… as you might surmise, the mediation did not last long. (This is a topic I have often addressed in my blogs.) It involved a used automobile. The plaintiff claimed that the used car dealer breached both [Read More]

By |November 13th, 2020|Actual Mediations|

Too Many Cooks in the Kitchen!

I just finished conducting a mediation (lemon law) which did not settle. And I think the prime reason was that there were too many different attorneys handling the matter. Although in the same firm, they apparently were not communicating with each other or the representative of the client handling the [Read More]

By |October 5th, 2018|Actual Mediations|

Detachment

Recently, I wrote about the lack of preparation. This week, I am taking that topic one step further: detachment! I had a bizarre mediation the other day. As usual it was a lemon law matter but this time it involved both the manufacturer and the dealer. Unlike many other instances, [Read More]

The Need For Preparation!

Several times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared. It truly did [Read More]

Insuring Settlement

A colleague (Esther Bleuel) recently shared a quote by Benjamin Franklin: “Failing to Prepare is Preparing to Fail.” Recently, the Los Angeles Daily Journal published an article by Larry Mills entitled, How Counsel can make or break a settlement. (April 3, 2015- page 2 of Verdicts and Settlements). In essence, [Read More]

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|

Preparation: It is All about Cognition

An often discussed theme in my blog has been preparation; that is, preparing for mediation, as opposed to "winging it." In previous posts, I have stressed (discussing a different reason each time) the importance of preparing for a negotiation/mediation and the dangers of "winging it."Well, as you might surmise, I [Read More]

By |December 6th, 2013|Negotiation|