Recently, I conducted a mediation in a matter which probably should never have been filed as a lawsuit; the economics simply were not there. Realistically, plaintiff could not have a Better Alternative to a Negotiated Agreement (BATNA); every scenario would have been more costly no matter what the amount of [Read More]
One of the cardinal rules of mediation is that the person with settlement authority attends the mediation. If not explicitly stated in most state and federal court rules, it is implicit. The reason is obvious: it is difficult to settle when the person with the authority to do so, is [Read More]
The business section of the Sunday (July 7, 2012) New York Times had an interesting article entitled "Don't Indulge. Be Happy." by Elizabeth Dunn and Michael Norton. Ms. Dunn is an associate professor of psychology at the University of British Columbia while Mr. Norton is an associate professor of business [Read More]
Science never ceases to amaze me. Now there is a study that finds that being too happy is not a good thing. According to an article in the April 2, 2012 edition of The Washington Post entitled "Too much happiness can make you unhappy, studies show", one can be less [Read More]
Most mediators I know are passionate about their work and about bringing peace to the world. We like to think of ourselves as "peacemakers" and that our goal is to assist others in resolving disputes. Consequently, we may not always focus on the fact that mediation is a business or [Read More]
Is a settlement agreement signed by less than all parties at the conclusion of a mediation enforceable? Every once in awhile, this question arises because one of the parties has attended by telephone and is not near a fax machine et cetera to sign the agreement and send it back. [Read More]
People come to mediation to settle their disputes. Or, so they claim! But, do they really want to settle? In her monthly column, One Minute Negotiation Tips, published by the Los Angeles County Bar Association (Vol. IV, No. 9, October 2011), Ms. Linda Bulmash asks this fundamental question: Is Your [Read More]
