by robertjacobs | Feb 13, 2019 | Mediation
As a young man I worked many jobs. Many years ago I became a member of the Iron and Steel Workers Union and I worked on a blast furnace belonging to United States Steel. I’ve worked as a roughneck in the Wyoming oilfields. I’ve been a rough carpenter on apartment...
by robertjacobs | Nov 8, 2018 | Mediation
I remember going to trial as a young lawyer. Everything rose in a crescendo to a fevered pitch just before trial. The logistics, coordination and workup were monumental. After endless preparation, I’d show up at the courthouse ready to do battle. And then the court...
by robertjacobs | Nov 8, 2018 | Mediation
We’ve all been through it. You come out of law school and you’re loaded for bear. All you’ve done for three years is read outrageous cases of every kind of wrong, loss, injury and damage. Everybody’s suspect. Nobody can be trusted. After the bar exam, people start...
by robertjacobs | Nov 8, 2018 | Mediation
Bias is a reality – we all know it. Some time ago I attended an evening program for ADR professionals. Our speaker was not a professional neutral, but she had made it a lifetime pursuit to study power, bias, and unequal bargaining strength. She lectures all over the...
by robertjacobs | Nov 8, 2018 | Mediation
Every mediator has been there. The mediation has begun. The mediator is working hard on building a relationship of trust with the plaintiff . And then the plaintiff takes the moral high ground and flat out refuses to make any opening demand – nothing at all – because...
