Two weeks ago, I posted a blog about "cognitive bias". As explained on ScienceDaily.com, "a cognitive bias is any of a wide range of observer effects identified in cognitive science and social psychology...that are common to all human beings." I recently conducted a mediation in which I saw one of [Read More]
I had a mediation recently that epitomized a wasted opportunity. It lasted only an hour and did not settle. Why? Plaintiff's counsel had not done the necessary preparatory work. It was a wrongful termination action against one of the cities here in the Los Angeles area. At no time prior [Read More]
Recently, I had a sexual harassment employment mediation. Prior to the mediation and based on the briefs, I figured it was going to be either a very short mediation (i.e., the case would not settle) or a very long one (i.e. the case would either settle or almost settle). The [Read More]
Every once in awhile, I blog about how important it is to prepare for mediation and how parties and/or counsel cannot come to mediation expecting simply to "wing it" and succeed. It will not work! A recent mediation is a case in point. It was a straightforward collection case. Plaintiff [Read More]
As I have mentioned in previous blogs, I mediate an awful lot of "lemon law" cases. Frequently, the issue is whether the defendant manufacturer will "repurchase" the vehicle, or pay the plaintiff consumer a "sufficient" amount of money to entice her to keep the car, also known as a "cash [Read More]
"Multi-tasking" took on a whole new meaning for me the other day when I conducted two mediations simultaneously, i.e. at the same time! Sounds strange, doesn't it? It came about at the last minute. I already had one scheduled for the morning. During the previous afternoon, defense counsel telephoned to [Read More]
It is often said that the smaller the amount in dispute, the harder it is to settle the matter. I agree. . . having just experienced such a mediation. The matter was on appeal. The parties wanted to mediate before the opening brief was due in the hopes of settling [Read More]
One of the more memorable movie lines is from Forrest Gump (1994) when Gump comments "My momma always said, "Life was like a box of chocolates. You never know what you're gonna to get." " Mediations are like that, too; as a mediator, I never know what to expect. I [Read More]
