Let’s Not Make a Deal

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 opportunity but the matter proceeded…

Negotiation 101

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.  This article is to address…

Mediation in Elder Care Cases

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 issues.  Joan and Jim were…