Sometimes a Little Civility Goes a Long Way
As a mediator, I often see parties and counsel get angry and emotional. I find it an important part of the mediation process to get the parties and counsel to express and let out their anger and emotions sufficient to allow them to focus on resolvin... Read More
Mediation Negotiation: Sometimes When You Give More You Get More
Everyone negotiates differently, but certain patterns emerge over time. Often, a plaintiff will have a much too high settlement demand which will lead to a much too low response to that demand. There are two outcomes when this pattern emerges. Either... Read More
Mediation-The Power of a CCP Section 998 Offer to Compromise
A strategic Section 998 Offer to Compromise can make all the difference in getting a matter resolved. This was highlighted in one of my recent mediations. The plaintiff was clinging to a speculative damages theory; when faced with a settlement offer ... Read More
There Is Creativity Even in A Straightforward Settlement
Recently, a mediator colleague lamented that the settlements reached at his mediation were more and more following a predictable range and pattern. I thought about this in connection with a lender-guarantor dispute that I mediated. Read More
Mediation: Hybrid Mediation – Does it Work?
With the lifting of Covid protocols, in-person and hybrid mediations are becoming much more common. I am often asked whether hybrid mediation is effective. Put another way, is there an unfair advantage given to the party who appears at the mediatio... Read More
Real Estate Mediation: Distressed Real Estate: Here We Go Again?
With interest rates rising dramatically, are we staring at the abyss of another correction in the real estate market? It is obviously difficult to make projections when faced with real estate values in various jurisdictions and asset classes at near ... Read More
A Year of Zoom Mediation
I am commemorating one-year of an entirely virtual mediation practice. In March 2018, when I launched Petlak Mediation, I could not have foreseen a worldwide pandemic which would prevent me from conducting in-person mediations for an entire year. Read More
