Category Archives: Settlement

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

Mediation and Horse Whispering

Early in my mediation training, a mediation trainer played a video of a horse whisperer.  Mediation is much like horse whispering, she explained.  I have been pondering her message for years. Fast forward to 2011.  If you haven’t, I highly recommend … Continue reading

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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

Posted in Arbitration, Community Association, Construction Defect, HOA, law, mediation, Mediation Advocacy, Settlement | Tagged , , , , | Leave a comment

Mediator Selection: What Mixture of Skills?

Mediator selection is one of the more important decisions you will make as you prepare for mediation. Check with others about their experiences with mediators.  Think carefully about what all attorneys and clients need.  But, most importantly, interview the prospective … Continue reading

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Wal-Mart Wins Battle: But War Continues

The United States Supreme Court issued an important ruling yesterday that will affect employment lawsuits across the country – and will greatly impact settlement discussions.  The Court ruled that a large group of women (estimated between 500,000 and 1.5 million – … 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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