The game show version of mediation. This was the title of a paper published by Randall L. Kiser, Martin A. Asher, and Blakeley B. McShane in the Journal of Empirical Legal Studies in September 2008. The paper discussed a study in California of 2,054 litigated cases wherein settlement was an opportunity but the matter proceeded…
Lawyers often walk out of mediations with a signed agreement that provides that a later, more detailed agreement is to be entered into. This type of provision could pose a problem for the litigants if either party attempts to repudiate the settlement agreement. They do so by claiming that the agreement is not binding as…
As a mediator, I have seen many negotiation styles. The art of negotiation is something that comes from experience and going through the school of hard knocks. After attending thousands of mediations, I have had the opportunity to observe some truly talented negotiators as well as some not so talented. This article is to address…
I have had the privilege to mediate a number of claims involving elder care. These cases are always challenging and put the mediator to the test. USING A MEDIATOR TO BREAK THROUGH TO WHAT IS TRULY IMPORTANT One case comes to mind wherein mediation was instrumental in resolving elder care issues. Joan and Jim were…