Category Archives: law

Cooking Up Settlement: “The Martha” and Macy’s Go to Mediation

Will Martha Stewart be able to make lemonade from lemons in her recent legal battle?  Will she cook up creative ways to recycle her lawsuit into an elegant business solution?  Like explaining how to remove garlic peels with ease during … Continue reading

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Mediation and Negotiation by Skype?

Should you mediate by Skype?  Perhaps.  There are benefits and warnings. When a recent case was scheduled and one client would not be present in person, an attorney called me to discuss the client’s participation by telephone.  After a short … Continue reading

Posted in Confidentiality, Difficult People, Emotions, Ethics, law, mediation, Mediation Advocacy, Settlement | Tagged | 5 Comments

iPad Mediators

Have you ever been in a mediation and the damn mediator is working harder on his iPad than on your case?  Erg.  This is not the first time I have heard this complaint.  I have a friend who recently had … Continue reading

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HOA Boards: Mediation vs. Arbitration?

You find yourself on a community association board.  Homeowners are complaining about leaking roofs, damaged walls and soggy carpet.  The board’s attorney has filed a lawsuit against the roofer.  The roofer sued the general contractor and the developer who both … Continue reading

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Who Should Suggest Mediation?

I have often been asked whether an attorney shows weakness if the attorney suggests mediation.  In 1998, when I began mediating, this was a frequent concern.  Fortunately, at that time, I was the Chief Appellate Mediator at the Utah Court … Continue reading

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Stop, Look and Listen: Is an Apology Helpful?

Is an apology helpful in mediation?  The short answer is maybe.  Apologies can be helpful.  They can also be destructive.  The art of apology is helping a client and lawyer think through whether the apology will be productive.  Hearing the … Continue reading

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Negotiating with Difficult People, Lying and Apology

I am lucky.  Every 6 months for the last 10 years, I have been fortunate enough to attend excellent seminars for commercial mediators on really interesting topics.  Next week the International Academy of Mediators will meet in Napa Valley, California … Continue reading

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Utah’s Own Hot Coffee: McDonald’s Hot Coffee Case in Closing Argument Warrants Reversal

The Utah Supreme Court held that referring to the McDonald’s Hot Coffee case in closing arguments warrants reversal. I just recently wrote about the McDonald’s Hot Coffee case and a Sundance movie “Hot Coffee”.  The movie documents the incorrect public perception of the … Continue reading

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Facebook’s Mediated Settlement: Is the Deal Done?

Facebook’s mediated settlement with ConnectU and the Winklevoss twins might finally be over in light of the Ninth Circuit Court of Appeals’ opinion issued April 11, 2011.  Well, . . . it may be over.  There may be an appeal. … Continue reading

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What’s with the Walmart Class Action?

The Walmart class action is making people angry.  So, what’s the deal? Is the highest court in the land going to rule for big business and leave the little guys unable to bring a class action against a large employer? … Continue reading

Posted in Class Action, Employment Law, Gender Discrimination, law, Settlement, United States Supreme Court, Walmart | Tagged , , , , , , , | Leave a comment