Category Archives: Settlement

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

Posted in Appellate Mediation, Joint session, Mediation Advocacy, Opening statement, Settlement | Tagged , , , , , , | Leave a comment

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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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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A New Tool for Working With Difficult People

High emotion is a standard part of mediation.  Clients and lawyers both can be emotional.  Working with these emotions effectively can save time in mediation, money over the long haul for the parties, and aggravation for clients and their families … 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

Posted in Apology, Difficult People, Emotions, law, Lying, mediation, Settlement, Uncategorized | Tagged , , , , , | Leave a comment

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