How do you choose the mediator for your dispute? And where do I fit in? Goat cheese marionberry habanero is one of the latest flavors at a local ice cream shop (shout out to Salt & Straw!). They also have pear and blue cheese, honey lavender, and more. When I was...
After an initial “insult round” in a recent mediation, where the opening demand (predictably) was way too high and the counteroffer (predictably) was way too low, I encouraged the parties to move toward a range of reasonableness. Instead, this is what I got: “Mike, we...
What ever happened to negotiating settlement the old-fashioned way (i.e. without a mediator)? When I mentioned to a former opposing counsel that I was mediating employment law disputes full time, he reminded me that when he proposed mediation in a case we had together...
Concluding a mediation with an enforceable settlement agreement cements the fruits of the hard work put in by everyone at the mediation, and it avoids the discomfort of one or more parties experiencing buyers’ remorse or getting cold feet afterward. To be sure, many...
As an employment mediator, I have the privilege of working with some of the very best employment attorneys around. I ask for mediation briefs to be submitted a week before the mediation because the briefs I receive usually are so well constructed and thorough that I...
When Is the Right Time to Mediate? An early mediation can be effective with proper preparation. “It is too early to mediate,” “we need to conduct some discovery,” or “we need to take a deposition,” are sentiments that can derail attempts at early mediation. On the...
Long before I launched my full-time employment mediation practice last year, I committed myself to honing my craft as a mediator and relentlessly learning everything I could about dispute resolution. I have since been overwhelmed by the support and encouragement I...