Standard I of the Model Standards of Conduct for Mediators is entitled “Self- Determination” and provides that each party is to make a free and informed choice as to process and outcome. Mediation is a voluntary process in which each party is to make her own uncoerced decision. Standard II [Read More]
Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means [Read More]
The one thing I love about being a mediator is that it constantly brings new challenges and new insights into people. A recent mediation is no exception. In that mediation, for the first time, defense counsel advised that her client wished to proceed to trial because it believed that the [Read More]
I have said this before and will say it again: talking to the other party does wonders. After mediating more than 2,000 cases, I am still at a loss to understand why parties in litigation are afraid to sit down with each other and discuss the issues directly. ( I [Read More]
Originally published in Law360, April 9, 2019 Typically, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included are provisions [Read More]
I had a really weird almost mediation recently. It was a lemon law matter. It cancelled at the last minute simply because plaintiff’s counsel (let’s call her Joan) was sending another attorney (let’s call her Janice) in her stead. The defendant did not like this substitution and so cancelled. It [Read More]
Informed Consent in Mediations Taking Place in California Originally published in the Daily Journal, September 28, 2018. Download the PDF Version of the Article Here Sometimes parties attend mediation without the proper preparation. If the matter is in litigation, their attorney may not have met with them beforehand to [Read More]
One well known mantra of mediators is that it is always better to mediate prior to filing a lawsuit than to incur the time and expense lawsuits entail. Most lawyers will tell you that litigation is the most expensive and least efficient way of resolving a matter; yet, they will [Read More]
