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 […]
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 […]
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 […]
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 […]
You undoubtedly studied the scientific method in school. You may have even applied it to sophisticated experimentation. Think about how to use that approach for case evaluation and resolution now Going Through The Steps The scientific method can be defined in as few as four steps or as many as ten, but let’s think about […]
The claimant was in his 30s and paralyzed from the chest down. No bowel or bladder control and no genital-to-genital sex. The settlement was seven figures. Throughout the years since the accident, his wife had devotedly cared for him and acted as his champion. Only One Person Perceived The Vibe In The Room The claimant’s […]
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