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Joint Sessions Are Sometimes Necessary Like many of my mediator colleagues, in most of my mediations, the parties and counsel are kept apart during the entirety of the mediation. I do this because I believe that keeping the parties apart is more likely to spark open and honest communicati... Read More

Mediation: 2023 Year in Review It is hard to believe that it is time for me to do another year in review. 2023 was a year of learning and growth. Here are some of the mediation lessons I learned in 2023. Read More

Mediation: The Art of Learning At Judicate West’s recent annual retreat, Judicate West mediators from across California gathered to share what they have learned and how their mediation skills have evolved over the years. It was a great opportunity for me to learn from many of the... Read More

Sometimes a Little Civility Goes a Long Way As a mediator, I often see parties and counsel get angry and emotional. I find it an important part of the mediation process to get the parties and counsel to express and let out their anger and emotions sufficient to allow them to focus on resolvin... Read More

Mediation Negotiation: Sometimes When You Give More You Get More Everyone negotiates differently, but certain patterns emerge over time. Often, a plaintiff will have a much too high settlement demand which will lead to a much too low response to that demand. There are two outcomes when this pattern emerges. Either... Read More

Mediation-The Power of a CCP Section 998 Offer to Compromise A strategic Section 998 Offer to Compromise can make all the difference in getting a matter resolved. This was highlighted in one of my recent mediations. The plaintiff was clinging to a speculative damages theory; when faced with a settlement offer ... Read More

Nothing Completely Replaces In-Person Mediation I have previously written about the effectiveness of Zoom mediation. There is no doubt that Zoom mediation works and, as a result, I have resolved many matters utilizing Zoom. But does anything completely replace in-person mediation? A recent in-... Read More

There Is Creativity Even in A Straightforward Settlement Recently, a mediator colleague lamented that the settlements reached at his mediation were more and more following a predictable range and pattern. I thought about this in connection with a lender-guarantor dispute that I mediated. Read More

Mediation: Hybrid Mediation – Does it Work? With the lifting of Covid protocols, in-person and hybrid mediations are becoming much more common. I am often asked whether hybrid mediation is effective. Put another way, is there an unfair advantage given to the party who appears at the mediatio... Read More

Real Estate Mediation: Distressed Real Estate: Here We Go Again? With interest rates rising dramatically, are we staring at the abyss of another correction in the real estate market? It is obviously difficult to make projections when faced with real estate values in various jurisdictions and asset classes at near ... Read More

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