Soft Considerations

Before I became a mediator I participated in many mediations where I served as legal counsel for one of the parties. Most of the time we talked only about money. It seemed like the plaintiff always wanted too much and the defendant always wanted to offer too little....

Never Give In

The fastest way to end a mediation without settlement is for someone to leave. The second fastest way is for the mediator to give up. The third is for one (or both) of the parties to give up. “[N]ever give in, never give in, never, never, never, never—in nothing,...

The Bargaining Granddaughter

We recently had the joy of visiting with our daughter and son-in-law in Utah. They have five children. All of them are quick, smart, and unafraid. My wife said she wanted to take our daughter and our oldest granddaughter out for pedicures. I suppose that’s what...

The Mediator Who Wasn’t

He came late. The mediation was all set to begin at 9:30 a.m. But by 9:00 a.m. there was no sign of the mediator. The plaintiff was present with two attorneys. The defendant was present with two attorneys. Everything was all set to go – but no mediator. At 9:00 a.m. I...

A Bad Deal With Good People

I recently enlisted the help of a wonderful general contractor to help me out with a construction claim I’ve been dealing with. This contractor provided me with an insightful repair bid that helped me settle the case. After the case was concluded I contacted this...

Who’s the Driver?

Many years ago I participated in the mediation of a case with many defendants. The Plaintiffs were husband and wife who had sued nearly everybody they could touch. During the course of the litigation (and the mediation) it became clear the plaintiffs were on the war...