What Is The Mediator Expecting From You?

Legal 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…

Taking Sides in a Mediation

As 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…

The Letterman List

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…

Nonverbal Communication in Mediation

As 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…

California Heightens Doctrine of Mediation Confidentiality

Hopefully 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…