Impasse — A Mediator’s Opportunity

 The mediation has gone on for hours.   The parties have negotiated slowly and methodically, but remain far apart.  The negotiations are not in the “zone of agreement,” the mediator’s term for closing in on a settlement amount.  The negotiations have reached an impasse. Governing Impasse occurs to one degree or another in nearly every mediation. …

Bruce A. Friedman Named as ‘Rising Star’ Among the ‘Top 50 Neutrals in California’ by the Daily Journal

Congratulations to Bruce A. Friedman for being named as a Rising Star among the ‘Top 50 Neutrals in California’ for 2013 by the Daily Journal. The Daily Journal compiles this prestigious list annually, researching which California neutrals handled the most high stakes and most influential cases, and which neutrals were most in demand. Having transitioned from litigation to…

On the Radio with Bruce Friedman

Bruce Friedman recently appeared on the Doug Noll Radio Program to discuss the sensible means of resolving legal disputes. As a former litigator turned mediator, Bruce’s experience in the alternative dispute resolution arena is varied and extensive. If you missed Bruce’s interview, click here. all payday loans online To discuss your mediation and/or arbitration needs,…

Online Mediation — Press Delete

As you might be aware, there is a LinkedIn Group dedicated to Online Dispute Resolution, featuring announcements of conferences on online mediation and blogs on new products that will revolutionize technology assisted dispute resolution. This group is just the latest example of a renewed interest in online or e-mediation as a means to resolve disputes. …

Thoughts On The Initial Demand

In an informal survey of mediators, I have found that our collective experience is universal –the initial demand is extraordinarily high, bears no relationship whatsoever to the verdict potential of the case and is usually counterproductive to the mediation process.  Since the initial demand is usually made only after lengthy discussion of the strengths and weaknesses of the case and the range of recoverable damages, it is even more perplexing that it bears no relationship to the recoverable damages in the case.