Tag: adr

  • Task #9: At what point will you know that the potential agreement is better than going to court?

    Task #9: At what point will you know that the potential agreement is better than going to court? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator,…

  • Task #8: How will you know you have developed an agreement at the end of the mediation?

    Task #8: How will you know you have developed an agreement at the end of the mediation? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these…

  • Task #7: What do you truly disagree upon with your mediation opponents?

    Task #7: What do you truly disagree upon with your mediation opponents? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks…

  • Task #6: Do you agree on anything?

    Task #6: Do you agree on anything? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant needs to complete…

  • Task #5: Do you really want to settle this dispute through mediation?

    Task #5: Do you really want to settle this dispute through mediation? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks…

  • Task #4: How are you going to deal with them after the dispute?

    Task #4: How are you going to deal with them after the dispute? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of…

  • Task #3: Visualize the future beyond the dispute.

    Task #3: Visualize the future beyond the dispute. The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant needs to…

  • Task #2: What do they want out of the mediation?

    Task #2: What do they want out of the mediation? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant…

  • Task #1: What do you want out of the mediation?

    Task #1: What do you want out of the mediation? The resolution of a dispute does not just occur on the day of the mediation.   Each participant to mediation needs to prepare their own strategy for negotiation in the settlement.  Based on my experience as a mediator, these are a collection of tasks each participant…

  • When It’s Just the Attorney at the Mediation.

    When It’s Just the Attorney at the Mediation. At a recent seminar hosted by Gary Weiner, Mediation Program Administrator at the California Court of Appeal, First Appellate District, for the Court’s Mediation Panel, we had lively discussion about Provost v Regents, (2011) 201 Cal.App.4th 1289. I would like to focus on only one aspect raised…