Recently, I wrote about the lack of preparation. This week, I am taking that topic one step further: detachment! I had a bizarre mediation the other day. As usual it was a lemon law matter but this time it involved both the manufacturer and the dealer. Unlike many other instances, [Read More]
Several times in the past, I have discussed the need for each party to prepare for mediation for it to be successful. As you may guess, I return to this topic again because I just conducted a mediation that went nowhere fast because plaintiff was not prepared. It truly did [Read More]
Many mediators in California will acknowledge that most parties in litigated cases do not like joint sessions and prefer to mediate using caucuses or separate sessions only. There are various reasons for this, among them a belief that counsel may lose control of the situation, that the joint session will [Read More]
Lawsuits are often about money. And the plaintiff often thinks that if she wins and gets all this money- she will be quite happy. And conversely, a defendant thinks that if she wins, she will save a whole lot of money which will make her happy! Well… as one might [Read More]
As of last fall 2017, I am a Lecturer in Law at the University of Southern California (USC) Gould School of Law teaching ADR (Alternative Dispute Resolution) Ethics. I teach mediation ethics while my co-teacher covers arbitration ethics. With this perspective in mind, the recently filed lawsuit by Stormy Daniels [Read More]
I am a big fan of having everyone in the same place at the same time focusing on the same dispute. I find that if this occurs, more often than not, the matter will settle. The parties are focused on the matter at hand and are “forced” to “deal” with [Read More]
Recently, I mediated a matter in which the defense representative did not appear in person but was available by telephone. Her attorney as well as plaintiff and her attorney were physically present. Prior to the mediation, counsel had agreed that the defense representative could be available by telephone as she [Read More]
A few weeks ago, I discussed the paradox of Avoidance and Engagement as discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015). I cited the use of mediation as an example of this paradox. Parties engage in mediation to avoid further litigation or prolonging the [Read More]
