Mediation Blog
How To Have an Unsuccessful Mediation.
Recently, I conducted a mediation which from the moment I introduced myself, I knew it would not settle. Certain signs gave it away. The first sign was that the plaintiff was “too busy” to attend. [Read More]
Mediation: Meeting in the Middle!
The Southern California Mediation Association (SCMA) recently held its annual conference (virtually). The closing plenary remarks were delivered by Randy Lowry- the first president and a founding member of SCMA. The theme of the conference [Read More]
Imbalance of Power
Over the last several months, Congress has been struggling to reach a consensus on infra-structure legislation with a concurrent reconciliation bill. Because the Senate is evenly divided, a delicate balance of power exists to the [Read More]
The Known and the Unknown
At a February 12, 2002, news briefing, Secretary of Defense Donald Rumsfeld explained the limitations of intelligence reports: "There are known knowns. There are things we know we know. We also know [Read More]
Overriding Self-determination
I will never understand why people go to mediation (and pay lots of money to a mediator) when they are not prepared to settle. I had another one of those mediations recently that went nowhere [Read More]
Court Ordered Mediation and Informed Consent.
Standard I of the Model Standards of Conduct for Mediators is entitled "Self-Determination" and admonishes us that "a mediator shall conduct a mediation on the principle of party self-determination." It then defines "self-determination" as" …the [Read More]
