February 18, 2015

In honor of President's Day, today's mediation tip honors leadership, and takes inspiration from Coach JOHN WOODEN, the celebrated UCLA basketball coach. In most mediations, people act, emote, and react to the other side's actions. Why is that? it's because human natur...

February 11, 2015

In most mediations, there is a divide between the parties as to what the actual facts are, and each party feels he or she is the right one. This leads to discussions about the basis for each sides' belief or position. Often everyone simply has to "agree to disagree", b...

December 16, 2014

Flexibility is important in all negotiations.  However a couple recent cases I mediated exemplify how flexibility truly made the difference between impasse, and settlement. There were three common threads between the cases:  (a) All parties and counsel were firm in the...

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...