November 14, 2014

Mediations are a wonderful forum for people to be able to tell their story, to talk about the unfairness or injustice inflicted on them and how it has impacted them. One thing people sometimes have difficulty doing is…listening. There is a time to talk and a time to li...

September 19, 2014

Outrageous vs. Reasonable?  Give pre-mediation or only at mediation? Some people believe that "outrageous" demands beget better end results.  Some "outrageous" demands have derailed the negotiation process.  Others believe that they get the best deals by giving reasona...

September 7, 2014

In the past two weeks of mediations, there has been one powerful apology by a company HR person to the plaintiff, and a number of "meet & greets", some just among the lawyers, some involving the clients as well. Nothing was discussed about the case, gloves were off and...

August 4, 2014

In some mediations a plaintiff, feeling unjustly treated, disrespected, angry and hurt, wants to publicize what the defendant did to her or him.  We have managed to work through those and reach settlement, thus squelching both sides' "tell all" about the other.  One of...

In a published decision, the 2nd District Court of Appeal upheld the grant of a motion for summary judgment, dismissing a legal malpractice case brought by a former client against her lawyers. She had rejected a settlement offer in a "putative spouse" family law case,...

One of the essential principals taught to all mediators and negotiators is BATNA, which means "Best Alternative to Negotiated Agreement". In some cases one side or the other makes outrageous demands or offers and refuses to move much off of them.  Such posturing makes...

It happens in many mediations, that one or both sides begins to feel frustrated with the other sides' moves, and expresses a lack of hopefulness of settlement. "Go tell them to give us a better number or we're leaving!" That happened in a recent mediation, where the pa...

I read an article, (link below), which speaks to a common omission in negotiations--thinking about the "other" party's interests, needs and concerns. This article provides good advice that can be applied to any negotiation, mediation, or settlement discussion. In your...

The past several weeks have flown by with a busy schedule of mediations (and I start a week-long arbitration hearing tomorrow). I love what I do and feel blessed to be able to do this work. I find inspiration and learn something from each case, and the amazing people I...

March 24, 2014

In a recent mediation, while in private caucus, a good plaintiff lawyer was trying to answer all questions for his client. I finally convinced him to let his client talk, so I could get to know him. The client's recollection of events was a bit scattered so the lawyer...

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December 19, 2019

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