Let’s Not Make a Deal

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…

Making Sure Your Settlement Agreements are Enforceable

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…

Negotiation 101

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.…

Mediation in Elder Care Cases

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…