"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]
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]
Although the general consensus among neutrals is that the parties to a dispute should attend the mediation in person, at the same time, I have successfully mediated disputes in which one or more or all involved have attended by telephone. Indeed, I have conducted several mediations solely via telephone with [Read More]
What makes or breaks a successful mediation? Your mindset; that is, how you approach it. Like athletes before an event, one must "visualize" the process of mediation and its successful outcome. Create a mental (if not actual) checklist of the pertinent facts and issues and think about alternative ways to [Read More]
First and foremost, I want to wish each of you a very healthy, happy, prosperous and peaceful New Year. To obtain that peace and a peaceful resolution to all of your disputes, may I suggest something different and oxymoronic: trust. That is right, "trust". Why? Because, a lot of disputes [Read More]
The second issue of ADR Times Perspectives (Vol. 1, No. 2, Nov. 2011, hit my e-mail inbox the other day. Having enjoyed the first issue, I eagerly thumbed through this second issue and found an interesting article by Jasper Ozbirn entitled "Generational Gaps in the Workplace" (at pages 8-9.) According [Read More]
Routinely, most local rules of court require that persons with the ultimate authority to settle a matter be physically present at a court settlement conference or mediation. While it does not take much thought to understand the rationale behind this requirement, it may take a bit more thought to appreciate [Read More]
Mediations, like everything else in life, come in all shapes, sizes and colors. No two are the same or are ever alike. Usually, though, most of them will follow a similar pattern such that the principles of mediation will be applicable. But, every once in awhile, there is that mediation [Read More]
