Tag Archives: settlement

Mediation and Horse Whispering

Posted on November 8, 2011 by

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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Wal-Mart Wins Battle: But War Continues

Posted on June 21, 2011 by

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?

Posted on May 21, 2011 by

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?

Posted on May 12, 2011 by

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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Facebook’s Mediated Settlement: Is the Deal Done?

Posted on April 12, 2011 by

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?

Posted on April 8, 2011 by

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