A recent mediation involved restoring a vehicle. The plaintiff alleged she was overcharged, which the defendants disputed. To resolve the litigation, the plaintiff wanted a substantial portion of her money refunded. After a few hours of negotiating different installment payment plans, and frankly, when I thought we were at the [Read More]
Recently, I attended the Annual Conference of the Southern California Mediation Association. One of the workshops intrigued me as it was all about the words we use. Entitled “Words Matter: What to leave at the Courthouse Steps” , the speakers Dr. Debra Dupree and Harold Coleman, Jr. Esq. discussed how [Read More]
In 1978, Kenny Rogers wrote a song entitled “The Gambler”. Part of the lyrics include the memorable lines, You've got to know when to hold 'em Know when to fold 'em Know when to walk away And know when to run You never count your money When you're sittin' at [Read More]
In pre pandemic days when mediations were held in person, mediators often provided snacks and goodies for the parties to nibble on throughout the day. For good reason! To increase the odds of reaching a settlement. A recent Harvard PONs blog post confirms that food plays a significant role in [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]
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]
Let us suppose a hypothetical: you are given notice of the date and time of a court ordered mediation but choose not to attend. Those who do attend reach an agreement and sign a settlement agreement. Is that agreement binding on you although you did not attend the mediation? While [Read More]
I guess I am doing what everyone else is doing these days; looking at the news through the lens of my training, expertise and experience. Thus, I am watching the issue of politics/economy vs. medicine play out as a dispute ripe for mediation. On one side is the plaintiff whom [Read More]
