Parties are often surprised by how long it takes to resolve claims. It doesn’t have to be this way. While some causes are beyond participants’ control, parties can proactively take control of the claim to hasten resolution. The Groundhog Effect Groundhogs can dig long tunnels without coming up to see where they are. Unfortunately, a […]
I recently read Magic Words: What To Say to Get Your Way by Johan Berger. The book does not specifically target legal disputes. Here are some suggestions based on my interpretation of some of his conclusions. “You’re a Problem Solver” Berger says using a verb to urge someone to do something is not as effective […]
Before you engage in any negotiation, you need to prepare by understanding the issues both from your point of view and your opponent’s. It’s not enough to have a general idea. You need to spend some time on this and record how you will address these issues. Too many negotiators forget to pay attention to […]
A big interest of mine is art theft and art forgery. Experts estimate that at least 20-50% of the art in the world’s major art museums and on the commercial art market is fake. How could this be? The Value of Evidence Three types of evidence support or debunk the authenticity of art: -Forensics: scientific […]
All the necessary parties had gathered for an in-person mediation. But one side said we could not proceed. “I have just been presented with an expert’s report I have never seen before. I have to depose this expert and probably get my own expert. Then opposing counsel will want to depose my expert. We can’t […]
Of course you want to take notes during mediation. You want to record new information as it emerges. You need to keep close track of demands and offers. But participants’ note taking could take away from the value of this mediation. Don’t Get Distracted Currently, most mediations happen over Zoom or a similar app. How […]
At every stage in conflict resolution, parties face an array of choices, but they don’t always recognize them. Can we offer the opposing party more ways to get to an acceptable conclusion? Think of ways to enhance the proposed monetary exchange with other items of value. That might be a resignation or an apology. Parties […]
All successful mediations are alike; each unsuccessful mediation is unsuccessful in its own way. OK, maybe you are more familiar with the actual first sentence of Leo Tolstoy’s 1878 novel Anna Karenina: “All happy families are alike; each unhappy family is unhappy in its own way.” The Anna Karenina Principle This mantra is so vital […]
I see parties in mediation who seem to think the facts and law of their case will magically change. They act like their position is the only tenable one; they give no credence to an opposing view. They don’t prepare for the mediation. Maybe they’ll get it together just before the trial; maybe they won’t. […]
Despite a continuing plea for civility from pretty much every professional quarter, many parties come to mediation with a Rambo mentality. Keeping certain ethical guideposts in mind is a better way to efficiently settle. Honesty California lawyers are bound by the rules of Professional Conduct. That includes Rule 4.1 which mandates truthfulness in statements to […]