Each week I set aside time to gather information about the mediation process that I believe my colleagues will find useful. As a mediator and former litigation partner, I understand the issues and concerns that affect the parties and aim to be a reliable resource for all things mediation. That being said, add this to…
DetailsAs any experienced neutral knows, there are several different approaches to mediation: facilitative, evaluative and transformative. The key to being a successful mediator, as far as the parties are concerned? Adopting oneself to fit each mediation’s particular needs. Evaluative mediation is a process modeled on settlement conferences held by judges, where the goal is often to…
DetailsAs we have discussed in previous posts, nonverbal communication plays an important role in the mediation process. When one party is speaking, it is crucial for the mediator to observe what he is not saying — through his body language. Nonverbal communication cues can play five roles: Repetition: of the message the party is making…
DetailsAs many lawyers are aware, good communication is the foundation of a successful attorney / client relationship. Before a mediation begins, it is important for the lawyer to have an honest discussion with his client about what the client is hoping to achieve from the mediation. After all, in order for an attorney to accomplish…
DetailsBest practices encourage attorneys to fully advise clients of the risks and benefits of continuing settlement negotiations after one party has received an offer within the client’s state acceptable range. The client’s attorney might believe his client can obtain a better offer by rejecting it and negotiating further, but as most lawyers know, the client…
DetailsMediation is becoming an increasingly popular form of alternative dispute resolution. As more litigants turn to an experienced mediator to assist them in resolving their issues, it is important for attorneys to properly prepare their clients for the mediation process. Whether your client is an in house lawyer familiar with the mediation process or a first…
DetailsHopefully most California mediators are well-versed in case law surrounding their practice, but are a majority of the lawyers who rely on these neutrals aware of the doctrine of mediation confidentiality as it relates to potential malpractice suits? Recently, a unanimous decision at the state Supreme Court raised California’s doctrine of mediation confidentiality to a higher…
DetailsImagine if a judge took to Facebook to issue an order. Twenty years ago such an idea was unfathomable. Even a few years ago it was considered absurd. But not today, in our internet-focused society. Recently, a court in Ohio told a man found in contempt due to a violation of a protective order against…
DetailsChoosing the right mediator does not have to be a stressful choice. There are certain qualities and characteristics that, during my years of practice, I’ve learned make a mediator great. To that point, before I was a mediator, I was a litigator for 37 years and a consumer of mediation services. As a litigator, what I…
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