FAQ: Are Retired Judges Better Mediators? It is assumed that a retired judge makes a better mediator than someone that has not been a judge. This couldn’t be further from the truth. Rendering judgment requires an entirely different skill set than helping the parties resolve their case through mediation. The day to day activities of… Continue reading FAQ: Are Retired Judges Better Mediators?
What am I actually getting for my money when I hire a mediator? When you hire me as your mediator, you are buying the opportunity, through a neutral third party, to evaluate with someone who is an objective “sounding board,” your real needs (personal, economic, spiritual, etc.) and to evaluate which dispute resolution process will… Continue reading What am I getting for my money when I hire a mediator?
If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased? Absolutely not! I as mediator form opinions on many issues for many reasons. One of the primary things I do as mediator is to help you to evaluate the pros and cons of your position in a dispute… Continue reading If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased?
When does mediation start? People tend to believe that mediation begins when all concerned parties meet in the mediation room and take their places at the mediation table. Mediation begins when disputing parties agree to participate in a private mediation or when a Judge suggests that they attempt mediation. Pre-mediation This pre-mediation phase is frequently… Continue reading FAQ: When Does Mediation Really Start?
I have often been asked what the qualifications of a good mediator are. My answer is self serving but true. I have worked hard to make sure that I am the best qualified to mediate a case. Remember it is not bragging if true. So as to not bore you with all of the qualifications… Continue reading FAQ: What are some the qualifications of a good mediator? Part I
What is the format of a mediation? What is the format of a mediation? The process is entirely flexible and will depend on the mediator and the parties’ preferences. In general terms, it is preferable that position papers are exchanged in advance. Depending on what stage in the dispute the mediation takes place, it may… Continue reading FAQ: What is the format of a mediation?
Can you settle a case after a jury has decided a case? As part of my full spectrum of dispute resolution services, I offer Appellate Mediation. My considerable experience in this area started in 2007. I currently serve on the mediation panels for the First and Third Districts of the California Court of Appeal. In… Continue reading FAQ: Can you settle a case after a jury has decided a case?
A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a willingness to explore the possibility of… Continue reading FAQ: How to propose mediation?
How to Propose Mediation – Options A Judge may recommend that the parties consider mediation or, more commonly, one party may simply propose, through their legal representatives to the other party and their legal representative, that the dispute be mediated. A proposal to mediate should not be seen as a weakness but merely as a… Continue reading FAQ: How to propose mediation?
To Mediate or Not? The key issue is whether a party is ready to seriously attempt a negotiated settlement. If a party is insisting on pre-conditions to a mediation or sees the mediation as an opportunity to “send a message” rather than an opportunity to resolve, then there may be little prospect that a successful… Continue reading FAQ: Why you might not mediate?