Mediation can be an exhausting process, mentally, physically, and emotionally. In fact, an article in the Journal of Dispute Resolution, written by a Magistrate Judge, emphasizes this ‘phenomenon’ in further detail. Calling it ‘spiritual fatigue,’ the Judge shares that staying centered emotionally and behaviorally in mediation — for the mediator and both parties — can lower the level of…
DetailsInvolved in a legal malpractice or professional liability dispute? As you are likely aware, it is common for a legal malpractice claim to be countered by a fee claim by the lawyer defendant arising out of the former representation of the plaintiff client. The pendency of the fee claim raises some difficult issues with respect to…
DetailsAbsent a written settlement agreement or term sheet signed by the parties or a settlement on the record transcribed by a court reporter, a settlement agreement reached in mediation is not enforceable under California law. Hopefully, you have not had the experience of a long mediation ending late in the evening with an agreement to…
DetailsThe joint session has fallen out of favor in mediations of litigated cases. Usually, the parties and their counsel go into separate conference rooms form the beginning and rarely if ever encounter each other during the course of the mediation. Mediators have come to the general conclusion that the joint session at the beginning of the mediation is too formal and…
DetailsAs an experienced mediator can attest, there is nothing more frustrating to the parties that attend a mediation and to the mediator, than the “no show” of a party or decision-maker from the other side. However, if frustration was the only issue, it would be surmountable. The real problem is that is very difficult to…
DetailsAs discussed last week, mediation can be an extremely powerful and efficient step in the negotiation process. However, as with any venture, it is important to arrive at the mediation prepared and ready to make it as effective as possible. Last Friday, you were presented with 2 tips to maximizing your mediation. Read on for…
DetailsLegal experts are continually publishing studies on the practice of mediation and what works and what doesn’t during the negotiation process. A recent study focused on the mediator himself and asked the question: What does the mediator really wanted to hear from both sides? The answer follows, allowing you — party’s counsel — to be…
DetailsIn general the approach to mediation of an insurance coverage case is similar to other substantive areas of the law. The difference is in the analysis of the insurance policies, the cases, and the rules of interpretation. Without any question, insurance policies are the most difficult and least understood contracts in general use and they…
DetailsWhen used properly, mediation can be a useful tool in the legal process and can assist in bringing parties to an agreement without either side having to incur substantial litigation expenses. In tough economic times like these, such a solution is especially attractive.So what can you do, as either a client or attorney, to make…
DetailsAs any experienced mediator can attest, there often comes a point in the mediation process where things between the two (or more) parties become a bit contentious. Each side has his idea of what he is looking for and expects opposing counsel to immediately understand where he is coming from. Rarely does this happen, so…
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