September 16, 2019

I do pre-mediation calls before mediations, in fact I think they are so important that I set aside a day to have a separate call with each lawyer in each of the week's mediations. 

An interesting "trend" has been observed, specifically an absence of discussion about eac...

October 23, 2018

How to turn a negative experience into a positive one- just need a little mind-shift

December 6, 2017

When people are in dispute or conflict, they usually feel aggrieved in some way,and at varying levels of intensity. There are feelings of anger, sadness, revenge, resentment, desire for redemption or vindication and frustration, among others

Is litigation truly the best alternative to a mediated agreement ("BATNA")? "BATNA" is the acronym used in mediations to compare what the parties may achieve in mediation versus going to trial. A look at last week's verdict in the first case to go to trial against Bob...

January 6, 2016

It's a new year, time for new beginnings, "do-overs", self-improvement, and deep reflections. That is also how I see each day of mediation. People come to mediation because they are in a dispute of some sort. It may be a pending lawsuit, or it could be a disagreement t...

August 26, 2015

Recently a lawyer told me that he felt mediators treat plaintiff lawyers differently than they treat defense lawyers. I was surprised and asked the genesis of his belief. He had worked as a defense lawyer for several years, and now represents plaintiffs in employment a...