February 17, 2013

The recent unfolding of events involving Chris Dorner, while extremely sad and tragic in so many ways, also highlight an important part of the resolution process: giving a person the forum to be heard and for justice and fairness to be given. It is impossible for any t...

February 10, 2013

Fear drives many actions and inactions in a mediation. For example, sometimes defendants request an opening demand from plaintiff before going into mediation. The plaintiff's fear is that upon giving the demand, the defendant will decide to forego mediation. That is 1...

December 12, 2012

Some parties have difficulty giving up their lawsuit. If asked, "Are you ready to settle and put it behind you?" they may answer "yes", but their actions belie that. The plaintiff may have difficulty letting go of the one thing that has kept him/her going- the chance t...

October 29, 2012

Fortunately most cases do resolve at mediation, yet sometimes they need time to "percolate". Time allows you to process all the new information that came out at mediation, or to get over unresolved emotions. I have received calls from attorneys in the parking lot the s...

October 1, 2012

Through the past few busy weeks of mediations, I've accumulated an amalgam of observations, in no particular order:


Parties need to be heard, not just their lawyers;


I know lawyers are very busy (I was one not too long ago & remember!) but it helps to apply similar att...

August 18, 2012

This past week 3 cases in mediation settled, cases which even I (the annoying optimist) thought wouldn't settle, at least not then.  Two cases from past mediations with parties very far apart, also settled that week. The common thread was that each side went through th...

How someone feels, becomes strongly ingrained in their perception of reality.  Trying to shake away that perception is rarely easy or simple.  This applies to how parties feel about the events that transpired, because they "lived" them, and they have been harboring tha...

Better preparation for your expectations. Often parties/lawyers come to the mediation expecting the other side to realize the strength & merit of their position, only to become frustrated upon receiving offers in numbers that reflect the opposite. Some tips:


(1) before...

The power of walking away. Pretty strange that I would talk about, let alone say encouraging words, about walking away...Don't get me wrong, those who mediate with me hear more often than they care that their "butts are superglued to the chair" until we settle. However...

April 12, 2012

I recommend pre-mediation calls with the mediator. Each mediator's style is different; In my cases, we pre-set calls in advance of the mediation; it is helpful to receive briefs before that call, but it is still useful even without briefs. The pre-mediation conference...

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December 19, 2019

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