One of the things I enjoy most about my job as a mediator is the flexibility inherent in the mediation process I utilize. Most of my readers are lawyers. Many of you are litigators — for whom mediation has become a preferred tool for resolving most of your cases. Typically, I’m assuming, you see mediation … Read More
I’ve successfully mediated cases before suit was filed; after suit was filed, but before any discovery was conducted; after discovery was completed; while a jury was deciding a case; and while a case was on appeal. It’s not just about timing. It’s also about information. And motivation. I would say all of those cases were … Read More
Regardless of the hat I’m wearing at the time — mediator, litigator, friend, brother, husband, father, and now grandfather — I struggle with the desire to be right. Always right. I recently read a post on the Mediate.com blog by Loraine Segal entitled The Seductiveness of Being Right. St. Augustine, a pillar of the early … Read More
Decision tree analysis is a valuable tool for evaluating settlement options in mediation. It’s a tactic we employ with even the most mundane decisions. For instance, as we consider crossing a busy street, we’re unconsciously weighing the “reward” of being across the street — along with our probability of safe passage — against the risk … Read More
I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting … Read More
I mediate a wide range of disputes — from automobile accidents, product liability claims, death claims and construction disputes to dissolution of business and professional practices, will contests, contract disputes and medical liability claims. I even occasionally mediate church splits. Given the variety of disputes I work on, I need flexibility in the mediation models … Read More
Those of you who hunt have surely seen the logo for the gear with a large antler rack and the words Size Matters. I recently heard an E.D. advertisement claiming, as part of their product pitch, that Sex Matters. My variation on these themes, in mediation and litigation in general, is Attitude Matters. As a … Read More
You thought mediators were neutral? Well, they are. Or should be. I’m talking about how you can get a mediator to work for you, and help you accomplish your goals. (NOTE: For the sake of readability, I’m going to assume the mediator, like me, is male). The answer to the question posed in my headline … Read More
In another post, I discussed forces that impact our judgment in valuing cases. Today I want to discuss forces that negatively affect our ability to negotiate cases; forces which, It’s important to note, generally influence us subconsciously. Parties aren’t even aware they’re at play. My role as mediator is to anticipate any such influences, and … Read More
