The 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…
As 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…
As 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…
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…
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…
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…
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…
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…
Choosing 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…