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]
Once again, my colleague Linda Bulmash has written a concise article on negotiation. In her September 2011 article entitled "12 Steps for Effective Negotiation" published by the Los Angeles County Bar Association (Vol. IV, No. 8), Ms. Bulmash summarizes a "practical and pragmatic negotiation strategy" put forth by Dennis Ross [Read More]
Predictably, my blog draws on my experience as a mediator. Once again, over the last few weeks, I have conducted more than one mediation where time was not taken prior to the mediation to explain to a party what mediation is all about: its process and what to expect. I [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]
In searching for a topic for this week, I reviewed my colleague Linda Bulmash’s “Negotiation Tips” published monthly by the Los Angeles County Bar. Her topic for this month is using respect and grace in negotiation. Her point: Civility, respect and grace do much towards reaching an agreement. These words [Read More]
Late last year, I mediated a “family” dispute involving facts that were stranger than fiction. It seems that Jane Jones (fictional name) had a relationship with Joseph Smith (again, a fictional name). They had two children together, although they never married. They, then, went their separate ways. However, Ms. Jones [Read More]
Last week, there was a pretty important mediation. It involved a lot of parties - 20 to be exact - on a very important issue- the global economy. It took place in London and was co-mediated. The primary mediator - Prime Minister Gordon Brown of Britain- seemed to be doing [Read More]
Even for a mediator, mediations can be very frustrating. I had a mediation the other week that falls into this category. The defendant and his counsel were willing to settle, and, in fact, wanted to settle. But the matter did not settle. . . because of plaintiff’s counsel. She had [Read More]
