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 act of coming to a voluntary uncoerced decision in which each party makes free and [Read More]
In 2018, I wrote a blog about mediating in “good faith”. It involved a mediation in which defense counsel admitted that she was there ONLY because the court had ordered the mediation; her client was not inclined to settle or to offer anything in settlement. This posed the question: was [Read More]
It happened again. A mediation that went nowhere fast when the defendant attended mediation “because” it was court-ordered. And… defendant offered zero in settlement. It was a property damage case. Plaintiff alleged her vehicle was side swiped while parked on the street overnight. The automobile insurance company had an “expert” [Read More]
Recently, I conducted a mediation in which defense counsel was very candid with me by advising that she was there only because the court ordered the mediation and her client would just assume take the matter to trial. In this connection, she further advised that her client has been taking [Read More]
Perhaps I am an idealist, or even though a baby boomer with many years of litigation experience behind me--- a bit naïve. Or –perhaps it is because I am a mediator and so am privy to both sides of the dispute and can see the “story” as an outsider or [Read More]
Over the last couple of months, I have posted blogs entitled Anger Management (June 13, 2014), Good Faith (July 3, 2014); Listening for the Emotions (July 18, 2014); Which System is In Control? (July 25, 2014) and Vengeance Shall Never be Yours August 1, 2014). On numerous occasions, I have also [Read More]
"Good Faith"Quite often, one party accuses the other party of not negotiating in "good faith". I never gave much thought to the precise meaning of this term until I attended an entertainment law seminar in which one of the speakers mentioned that most entertainment contracts contain a clause requiring the parties to [Read More]
