From time to time, I enjoy sharing a short observation that I hope you'll find interesting. For months, I saw new gopher mounds popping up in my lawn as one or more gophers made their way across the yard under the cover of night. In an effort to stop the damage, I...
Someone once said that the first, second, and third reasons mediations fail is because the ultimate decision-maker is not present and participating. After conducting hundreds of mediations myself, I understand exactly what they meant. I know our chances of a...
Mediator’s proposals have become ubiquitous, especially in employment cases, but there is ongoing debate about when or how they should be used. When we talk about a mediator’s proposal, we are talking about the mediator proposing terms of a settlement, which the...
As an experienced wage and hour class action and PAGA mediator, I have had the privilege of guiding numerous parties through the intricacies of resolving these unique disputes. PAGA mediations are distinct from other types of mediations due to their complexity and the...
I am fortunate in my mediation practice to work with some of the best attorneys around. But no one’s perfect. A few mistakes I see from time to time inspired me to bring these issues front and center and talk about how we can mediate more effectively. In no particular...
“Time is more valuable than money. You can get more money, but you cannot get more time.” In mediation, when encouraging settlement and compromise, we necessarily talk about risk, liability, and potential exposure. We talk about who we think is going to win and how...
“We want to send a message!” is how attorneys sometimes explain the thought process behind certain offers and demands in mediations. And I get it. The parties are in separate rooms, settlement negotiations are intense, and there can be a desire to advance your...
Not every case that goes to mediation settles. But settling and resolution should remain the goal of most mediations. After all, the "R" in ADR stands for "Resolution." Here are ten mediation tips you can use to maximize your chances of having a productive mediation...
“A thing may happen and be a total lie; another thing may not happen and be truer than the truth.” I came across this sentence the other day and was struck by its application to employment litigation and mediation. Sometimes, the story of what happened that led to the...