Persuasion and Persistence!

Teaching the art and science of mediation brings to my consciousness a lot of pointers that otherwise reside in my subconscious. Two of them are the fine art of persuasion and the tool of persistence. The textbook used in class (Frenkel, Douglas N.  and Stark, James H.  The Practice of [Read More]

By |April 8th, 2022|Mediations|

Stop and Think … Before Suing!

Californians have a reputation for being litigious; for making mountains out of mole hills. Judge Kozinski of the Ninth Circuit Court of Appeals minces no words on this point. A very small “tiff” got very much out of hand apparently because neither party had the courage (or common sense?) to [Read More]

By |October 2nd, 2015|Court Cases|

Giving Yourself Permission

The holidays are upon us, and with them come the usual stress and tension that family events often bring. Over Thanksgiving, I had an experience that put it in perspective for me. Although I am supposed to be the conflict resolution person, it was a cousin that gave me a [Read More]

By |December 19th, 2014|Odd stuff|

It is All in Your Perspective!

The December 2014 edition of The Atlantic contains an interesting article entitled “The Real Roots of Midlife Crisis” by Jonathan Rauch. In it, he notes that mid-life crisis is not a unique reality to the United States. Rather, it is a worldwide phenomenon explained by science and more particularly the [Read More]

By |December 12th, 2014|Odd stuff|

What is your S.W.O.T.?

A few months ago, I attended a board of directors meeting of the SCMA Education Foundation. At the meeting, the president started talking about "S.W.O.T. Analysis". Not having majored in business, I had no clue to what she was referencing.I have since learned; S. W.O.T. stands for "Strengths, Weaknesses, Opportunities [Read More]

By |November 15th, 2013|Negotiation Strategy|

The Subtly of Actual Mediations

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]

A Reality Check

One of the jobs of a mediator is to provide a "reality check"; to be a neutral, dispassionate third party, who can be objective and discuss with a party the "downside" or "adverse consequences" to her side of dispute. The goal is to have that party accept what is being [Read More]

By |February 8th, 2013|Odd stuff|

Attending By Telephone

Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with [Read More]

By |January 20th, 2012|Actual Mediations|