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...

September 8, 2013

Most people come to a mediation with the hope of settling. When a mediation ends without a settlement, even the hardest-core negotiators feel & often express a sense of disappointment or letdown. When numbers stay in ranges outside a realistic range of settlement, part...

In a recent pre-lit mediation, defendant accepted responsibility for what happened, and wanted to meet with & apologize to plaintiff (and counsel). Plaintiff's counsel expressed cynicism about motives and credibility. Although I pointed out the opportunity to assess cr...

April 14, 2013

Although I mediate many different types of cases, due to my 30 years of experience litigating employment cases, those form the majority of my caseload. This interesting TED talk highlights motivation and de-motivation of employees. As you will see here, ignoring someon...

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