Mediation: The Art of Learning
At Judicate West’s recent annual retreat, Judicate West mediators from across California gathered to share what they have learned and how their mediation skills have evolved over the years. It was a great opportunity for me to learn from many of the... Read More
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