Category Archives: Uncategorized

Boastful Daughter Breaches Confidentiality: Father Forfeits $80,000

Seems innocent enough.  Father tells college age daughter he settled his age discrimination case against his former employer.  Daughter posts on Facebook (to her 1,200 friends), “Mama and Papa Snay won the case against Gulliver. Gulliver is now officially paying … Continue reading

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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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Weapons and Mediation

Tragic and scary news story today about an attorney who was shot at a mediation in Phoenix. According to the media, the mediation was ending when the client went to his car to get something.  After a lengthy wait, the mediation … Continue reading

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From Casinos to Universities: Teaching Negotiation and Mediation

So, I am honored to have been invited to teach at Pepperdine University’s Straus Institute for Dispute Resolution in May 2012, and in January 2013.  How did this happen? I’ve been teaching mediation advocacy and negotiation for years, mostly to … Continue reading

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The Pull of Hate in Lawsuits

“Let no man pull you low enough to hate him.” Every year at this time, we are reminded of the great work of Reverend Martin Luther King, Jr.  So often I encounter people who seem to “hate” each other. In a … Continue reading

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Negotiating By Email

Should you negotiate by email?  Scientific American says no, citing a recent study involving 48 MBA students from three universities.  In the study, students were given $89 to divide with another person.  64% of the time, the students lied when … 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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