HOW CCP 599 HELPS AND HURTS Due to the pandemic, very few cases are being tried. Reports from the legal community indicate that the absence of an imminent trial date is inducing parties to put off settlement as well. A History of Procrastination Lawyers have always seemed to have a reason why it’s too early […]

A Real Life Lesson Why It’s Almost Always Better To Settle

LaQuan Tremell Taylor’s injuries were horrific. The 27-year-old veteran, was robbed, carjacked, and shot in the parking lot of a Kroger grocery store in Atlanta, Georgia. After three weeks in a coma, roughly a year in the hospital, multiple surgeries, and millions of dollars of treatment, plaintiff’s spinal cord injury left him a partial paraplegic with […]

Are You Serious?

The #1 predictor of mediation success is whether the participants have come with a seriousness of purpose. They understand that mediation is their best chance to avoid delay and expense, not to mention a bad result. They have readied themselves to settle the case. Why Are You Here? Sure, the court may have ordered the […]

Remote Mediation with Non-English Speakers

You’re ready for your remote video mediation. Everyone has the latest version of the technology and knows how to join. You rehearsed with your client; maybe you did a practice session with the mediator. You submitted the mediation confidentiality form and contact form. Now you can concentrate on the facts and the law. Wait–What about […]

Have Yourself a Merry Mediation

Have Yourself a merry mediation Settlement’s in sight From now on Our troubles will be out of sight Have yourself a merry mediation Enjoy the holiday From now on Our troubles will be miles away Here we are as in olden days Before a suit was filed Back to those who are dear to us […]

Happy Mediation Holidays

A MEDIATION CAROL Sung to the tune of Jingle Bells Mediate, Mediate Mediate all day Oh, what fun it is to see The disputes go away HeyMediate, Mediate Make nice, it’s Christmas time Or Hanukkah or Kwanzaa time Remember this smart rhyme Hey Mediate, Mediate, A way to bring folks peace Your settlement agreement Will […]

The Smartest Thing to Do in Mediation

W-A-I-T: these four letters remind you to ask yourself Why Am I Talking? Silence is often your most effective negotiation technique.   Silence has two big benefits The first benefit of silence is to be better able to respond. Too many people come to mediation with their attitudes so entrenched that they don’t listen. You cannot […]

Horror Movie Season

It’s horror movie season. Maybe you like to get a good scare at the movies. That doesn’t mean your most challenging case should become a Halloween nightmare. You know which are your ugliest cases. Those are the ones where mediation can really help. You probably want to close those files before year-end. Finding a mutually […]