Five Tips for Greater Success at Mediation

It’s no secret that most lawsuits eventually settle. The uncertainty, cost and delay of litigation provide a powerful incentive for parties to voluntarily and informally resolve their claims. Since most lawsuits are going to settle (either at mediation or otherwise),...

The Future of Litigation

This year I am serving as the chair of the ADR section of the Contra Costa County Bar Association. This year I’m also serving as the co-chair of the ADR section of the Alameda County Bar Association. This service places me in contact with lots of different people from...

The Younger Crowd

My kids are all grown. They all have their own children. It’s been a few years since we had children living at home. But these days our yard is often strewn with plastic toys. After dinner we have lots of small bits of food on the floor and we once again have car...

Mediation in a Nutshell

Some people have been through mediation. Most haven’t. Here’s a “snapshot” of mediation for “first-timers”: “I’m not writing a check for $25,000.00.” “I’m NOT writing a check for $25,000.00.” “I’m NOT writing a check for $25,000.00!” “I’m writing a check for...

Hod Carrier or Architect?

When I was first married I had zero money and a new little family to support. So I did what we all do. I looked around for a good paying job that could help me get through school. I’d done construction before and knew it paid well. So I found a brick mason looking for...

Ego v. Superego

Mediation is not a dispassionate exercise. That’s part of the genius of it. Mediation has its genesis in dispute. If there were no dispute, there would be no mediation. By its very nature, dispute leads to emotion. Disagreement can lead to frustration, which can lead...