Karin S. Hobbs
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Tag Archives: settlement
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
Posted in Difficult People, Emotions, mediation, Settlement
Tagged force, horse whisperer, settlement
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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
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
Posted in law, mediation, Settlement, Uncategorized
Tagged mediation, propose mediation, settlement, show weakness, suggest mediation, timing
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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
Posted in Apology, law, Mediation Advocacy, Settlement
Tagged apology, bilateral apology, Negotiation, partial apology, settlement
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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
Posted in Confidentiality, law, mediation, Privilege, Settlement
Tagged confidentiality, Facebook, mediation, Ninth Circuit, privilege, settlement, Winklevoss
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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