With the upmost respect and acknowledgment to Hamlet's famous soliloquy in Shakespeare's Hamlet, (Act 3, Scen3 1, lines 55-87), the question often arises of when should the parties attempt to negotiate a settlement, through mediation or otherwise.Some argue that the sooner the better, before the parties become entrenched in their [Read More]
In the last few days, I have mediated a couple of cases in which ZOPA took center stage. ZOPA stands for Zone of Possible Agreement and as defined by Brad Spangler (and updated by Heidi Burgess in June 2013) on the Beyond Intractability website, it "...is the common ground between [Read More]
Recently, I conducted a mediation during which the matter did not settle. However, after the mediation session was over, the parties continued to negotiate- trading monetary demands and offers back and forth. It was a credit reporting case in which plaintiff alleged and defendant denied that an alleged credit transaction [Read More]
Recently, I conducted three mediations almost simultaneously. While I have conducted two mediations somewhat at the same time because the first one did not conclude before the second one was scheduled to start (and I do not like to keep people waiting!), this was a first for me.No doubt, one's [Read More]
I conducted a mediation recently that had all of the ingredients for failure (as discussed in last week's blog) from the very start. It was a wage and hour case in which the plaintiff claimed, among other things, that she worked long hours for which she was not adequately paid, [Read More]
