Depending upon where one mediates within the United States, the mediator either will start the mediation with a joint session or will simply start with separate sessions so that the adverse parties may, indeed, never see each other. For some reason, using joint sessions is popular on the east coast [Read More]
Thanksgiving is in a few days, and I want to take this opportunity to wish everyone a very Happy Turkey Day! I also want to take a moment to thank each of you- my readers and clients- for reading my blog each week and for allowing me to help you [Read More]
Recently, I attended the California State Bar Convention. One presentation was entitled “Tackling Emotion in Mediation: Tips for Dealing with People in Conflict.” The panelists were Claudia Hagadus Long, Esq.; David M. Miller, Esq. and Randy Kolin, Psy.D. Based on the many, many mediations I have conducted, I have found [Read More]
Mediators find more tools through neuroscience By Susan Kostal - ABA Journal Phyllis Pollack. Photograph by Jonah Light Mediators and other practitioners of alternative dispute resolution are using information gleaned from the research of world-class neuroscientists to calm emotions and help mediations resolve more easily. With the advent [Read More]
"It Ain't Over 'til It's Over" (... Or, is it?) Lenny Kravitz (June 1991) In my mediation practice, I have handled cases involving the Telephone Consumer Protection Act, 47 U. S. C. § 227 (“TCPA”) and class actions. The other day, I came across a case argued before the U. [Read More]
I now know why I traded in the very uncivil world of civil litigation for mediation; it is destructive… and nothing really good comes out of it. I say this because I just mediated a post settlement dispute that was about to end in court the next morning as an [Read More]
Often, during a mediation, I will ask a party, "What will it take to resolve this dispute? " Every once in a while, I am met with silence or a blank look. Why? I suspect it is because she really has not had the “quiet” time to reflect. Like everyone else in [Read More]
Several weeks ago, I posted a blog about the proposals voted on by the California Law Revision Commission to make certain changes to mediation confidentiality in California. At its August 8, 2015 meeting, the Commission proposed creating several exceptions to mediation confidentiality that would allow; (1) Both lawyers representing clients [Read More]
