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 […]
While there are a number of points of differentiation, a new opinion from the Iowa Court of Appeals again demonstrates the value of settling and getting out early. I’ve Seen This Before Employee Heather Blasdell injured her ankle in November 2012. The following year, this morphed into lower-back pain and depression resulting from the ankle […]
In October 2000, I created a presentation for CEB (Continuing Education of the Bar) entitled Quelling Fear of Video Mediation. Since then, mediators and participants have become more comfortable and more adept in using video platforms. And we’ve all learned a lot. But some things haven’t changed. No Travel Perhaps the biggest advantage of video […]
We’re all familiar with the symbol: Lady Justice carrying the balance scales. She holds a sword and sometimes is blindfolded to show a lack of prejudice. In most depictions the scales are balanced. She has righted the scale to dispense justice. But sometimes the scales are uneven. What Is Being Weighed? Perhaps the most common […]
You know the case should settle. Why won’t the other side agree to your offer? Here are some tips for creating the perfect offer. I’m going to refer to both offers and demands as offers to settle in this article. WHEN As long as you’ve done your homework, there’s no bad time to make an […]
Civil litigators tend to observe certain guideposts as mediation triggers, such as the closing of discovery, setting of a trial date, or an order from the court to use mediation. Because about 95% of civil cases settle before trial, mediation is the norm for almost every area of civil litigation. In contrast, many California workers […]