When It’s Just the Attorney at the Mediation.

When It’s Just the Attorney at the Mediation. At a seminar hosted by Gary Weiner, former 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… Continue reading When It’s Just the Attorney at the Mediation.

What important understanding did you think you had when you originally got involved together?

What important understanding did you think you had when you originally got involved together? What important understanding did you think you had when you originally got involved together? 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… Continue reading What important understanding did you think you had when you originally got involved together?

What’s wrong with the other side’s case?

What’s wrong with the other side’s case? 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… Continue reading What’s wrong with the other side’s case?

What is the weakness in your case?

What are the weaknesses in your case? 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… Continue reading What is the weakness in your case?

At what point will you know that the potential agreement is better than going to court?

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, these are… Continue reading At what point will you know that the potential agreement is better than going to court?

How are you going to deal with them after the dispute?

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 tasks each… Continue reading How are you going to deal with them after the dispute?

What is the Comprehensive Mediation Agreement?

In order to ensure all parties understand the status and implications involved, a comprehensive Mediation Agreement dealing with issues such as confidentiality, admissibility and privilege in relation to documentation and information exchanged must be agreed in advance. The Mediation Agreement will also deal with the costs of the mediation including the mediator’s fees and will… Continue reading What is the Comprehensive Mediation Agreement?

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 tasks each participant needs to complete and to discuss with their council and… Continue reading How are you going to deal with them after the dispute?

If I, as mediator, give my opinion in a dispute, doesn’t that mean I am biased?

  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?