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...

February 3, 2014

Many of my mediations involve high emotions. The past couple weeks included several sexual harassment cases, & all were contentious because of the very personal issues. Several involved people who were injured, sick or pregnant, then terminated during or after a leave...

December 15, 2013

My last couple posts emphasized the importance of settling at the mediation. This post acknowledges instances where a party is better served by having more time to decide.
Mediators strive to get cases settled, that's what they are hired to do. Lawyers strive to get th...

November 29, 2013

Parties in mediations often think that they will do better going to trial than taking the settlement on the table, or finishing the process to discover the best outcome of the day. A mediator's response to that hard line position, is that there is no guaranty in going...