Skip to content
Bruce Friedman MediationBruce Friedman Mediation
Bruce Friedman Mediation
Mediation and Arbitration in Los Angeles
  • Home
  • About
    • Litigation Experience
    • Mediation & Arbitration Case Summaries
  • Services
    • Arbitration Services
    • Mediation Services
  • Testimonials
  • News & Blog
  • Contact
  • Home
  • About
    • Litigation Experience
    • Mediation & Arbitration Case Summaries
  • Services
    • Arbitration Services
    • Mediation Services
  • Testimonials
  • News & Blog
  • Contact

News & Blog

Bruce Friedman Discusses the Early Mediation of Insurance Coverage Cases on Law.com

By bfriedmanMarch 24, 2016

Mediator Bruce Friedman recently wrote an article for Law.com on the Early Mediation of Insurance Coverage Cases. According to the article, the mediation of insurance coverage disputes prior to the filing of a lawsuit is becoming more common.  In part, this trend is the result of ADR provisions in insurance policies that require that the…

Details
Oct92015

As Featured on Law360: Shepherding Insurers Through The Mediation Process

By bfriedmanOctober 9, 2015

In a recent Law360 article, mediator Bruce Friedman discusses ‘Shepherding Insurers Through The Mediation Process’.

While insurance lawsuits involving claims directly between an insurance company and its policyholder make up a relatively small percentage of our courts dockets, cases triggering liability insurance from automobile accidents to securities class actions constitute a very large percentage of all cases before our courts. Settlement of these cases requires the proper shepherding of the insurer(s) defending/covering the case. The participation of the insurer(s) at the mediation is necessary to the ultimate resolution of the case. The challenge is making sure that the insurer(s) are prepared to participate in the mediation in a meaningful way.

Details

Featured on Law.com: Impasse-Busting Techniques – Part 2

By bfriedmanSeptember 10, 2015

In his recent article, featured on Law.com, Bruce Friedman discusses two new impasse-busting techniques to incorporate when the negotiation process has come to a halt in a mediation. The article touches on the theories of The Mediator’s Bracket and Baseball Mediation. To read more about these effective techniques, click here. To learn more about Bruce’s…

Details

As Featured on Law.com: Effective Impasse Busting Techniques

By bfriedmanMay 8, 2015

There comes a time in every mediation when negotiations reach an impasse. Negotiations can stall at the outset of a mediation when the parties are unwilling to bargain with one another either because “it is the other side’s turn,” “we won’t respond to that outrageous demand” or “we won’t accept that insulting offer.” Later in…

Details

Mediation of Insurance Coverage Cases

By bfriedmanAugust 5, 2014

Resolving insurance coverage disputes through mediation requires exposing careful assessment of three unique elements: the insurance policy, the rules applicable to the application of the policy and the cases construing the policy. Evaluative mediation provides the best approach for resolving these disputes. It requires parties, counsel and the mediator to evaluate the strength and weaknesses…

Details

The Biology of Decision-Making

By bfriedmanJune 18, 2014

It is a common understanding among trial lawyers that decisions are made emotionally and not rationally. We are always looking for the emotional hook on which to hang the case and sway a jury to see the case through that emotional prism. Now science is teaching us that decision-making is actually physical. In a recent…

Details

The Antidote to the Spiteful Litigant

By bfriedmanMay 7, 2014

We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with his ex; if he loses, neither of them get anything. Or perhaps it’s a partner in a dispute that says that he would rather the business fail then have to share its value with his soon to be ex-partner; or a litigant that states that he would rather drive the defendant into bankruptcy even if it means that he would not recover for his injuries.

How does one deal with spite in the context of a mediation? Recent scientific studies of spite provide the answer. Spite is defined as the urge to punish, hurt or humiliate another, even when one gains no obvious benefit and may well pay the cost. New research summarized in a recent New York Times article concludes that spite is both a vice and a virtue that may be linked. Not surprisingly, in one survey conducted by David K. Marcus, a psychologist at Washington State University, spitefulness generally cohabited with traits like callousness, Machiavellianism and poor self-esteem.  Spite is not associated with agreeableness, conscientiousness or guilt.

Details
Feb52014

Bruce Friedman: Guest Host on Conflicts Specialists Show

By bfriedmanFebruary 5, 2014

Bruce Friedman was recently a guest on the popular “Conflict Specialists Show” hosted by Dave Hilton. During their conversation, Bruce shares how to ‘win at mediation’, getting past an impasse in mediation, and other tips for both litigators and mediators alike. A former litigator himself, Bruce call on his litigation experience during the mediations he…

Details
Jan212014

The Mediator’s Proposal: The Ultimate Impasse Buster

By bfriedmanJanuary 21, 2014

The end of the day is nearing and the mediation has ground to a halt.  The parties have narrowed the gap between them, but cannot close it.  Is it time to suggest a mediator’s  proposal?  Does a proposed settlement amount coming from the mediator have a reasonable likelihood of acceptance?  Are the parties interested in having the mediator make a proposal?  If the answer to these questions is yes, then it is time to employ the ultimate impasse busting technique, the mediator’s proposal.

But what amount should the mediator propose?  Splitting the difference between the last demand and offer has undoubtedly been discussed with the parties and rejected.  Otherwise, a mediator’s proposal would not be necessary.  How does the mediator avoid the appearance of favoring one side over the other when the contemplated mediator’s proposal is closer to one party’s last position than the other’s?  Should the mediator have a reasonable degree of confidence that the plaintiff will accept the proposed amount?Should the mediator have a reasonable degree of confidence that the defendant will pay the proposed amount?   Is one of these factors more important than the other?

Details
Jan142014

Negotiation with the Mediator – Another Impasse Buster for Your Consideration

By bfriedmanJanuary 14, 2014
You have reviewed and analyzed the mediation briefs and the parties have disclosed prior settlement negotiations and where they would like to end up at the conclusion of the mediation; or the parties disclose to you during the course of early caucus meetings what they would accept or pay in settlement.  Often, their goals are simply not in the same ballpark and a traditional negotiation, a series of demands and offers may not be the most productive way to proceed.  In fact, it may be a very counterproductive method of trying to resolve the case.What about having the parties negotiate with the mediator instead of one another?  Instead of carrying a non-starter demand or offer to the other side, why not tell the plaintiff that based on your discussions with defendants, the amount that they are seeking is not in the range that defendants will pay.  Of course, this can only happen after you have had a discussion with the defendants so that you can confidently make such a statement.  The discussion will then turn to why the plaintiff’s contemplated demand is too high in an effort to get the plaintiff to give the mediator a more realistic figure.  The same discussion then occurs with the defendant as to why their contemplated bottom line is not realistic and does not properly assess the risk of loss.
Details
123456
Blog Categories
  • Benefits of Mediation(2)
  • Bruce's Corner(30)
  • Honors(1)
  • Mediation(39)
  • Publications(5)
Recent Posts
  • Bruce Friedman Discusses the Early Mediation of Insurance Coverage Cases on Law.com
    March 24, 2016
  • As Featured on Law360: Shepherding Insurers Through The Mediation Process
    October 9, 2015
  • Featured on Law.com: Impasse-Busting Techniques – Part 2
    September 10, 2015
  • As Featured on Law.com: Effective Impasse Busting Techniques
    May 8, 2015
Testimonials
  • [Bruce] knows when to talk, when to listen, and how to work the room.”

    James Thompson
    JPT Legal
  • Bruce took time to point out parts of each side’s case that could be made stronger and parts that could be deemphasized or omitted. Bottom line: the client came out of the exercise with a more focused case and better able to advance its positions. Bruce was superb.

    Ellis Mirsky
    The Network of Trial Lawyers
  • Bruce was prepared and understood the issues and the practical aspects of the cases. I really appreciated Bruce’s efforts in continuing to work with me and opposing counsel and his perseverance in settling the case.

    Frederick S. Reisz
    Meyers McConnell
  • I have known Bruce for years and highly recommend him. As a native New Yorker, he will be hearing significant matters in NYC as well as in L.A.

    Jeffrey Kravtiz
    Fox Rothschild
  • Bruce’s willingness to continue to follow up with both sides to settle the matter and his efforts in speaking directly with the clients to explain the issues and possible outcomes should the case proceed to trial were invaluable.

    P. Garrell
    Liner Law Firm
  • From the outset of the mediation, it was clear that Bruce understood the case and structure of a class action settlement. He was effective in his discussion of the issues in the case and made many helpful and constructive suggestions with respect to the negotiating process and the settlement terms.

    Tim Blood
    Blood, Hurst & O'Reardon LLP
Resources
linked in for bruce friedman attorney los angeles mediation services
Los Angeles Office

555 West Fifth Street
(Gas Company Tower)
32nd Floor
Los Angeles, CA 90013
T: (800) 352-JAMS

View Map & Directions

Century City Office

JAMS Services
The Watt Plaza
1925 Century Park E
Los Angeles, CA  90067 
310-392-3044

View Map & Directions

 

©2018 Bruce A. Friedman. All Rights Reserved
  • Home
  • Privacy Policy / Terms of Use
  • Contact
  • Web Design by WebPresenceesq.com
Privacy