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...

Construction v. Demolition

When you get right down to it, the construction process is fascinating. Contractors take a set of drawings and with the right labor, equipment and materials they can build just about anything. My six year old grandson can’t take his eyes off diggers, loaders and...

Mediation’s “Soft Considerations”

Mediation is serious business. Clients are apprehensive. Attorneys are on high alert. Everybody knows the drill. At the end of the day, someone is going to pay more – or accept less – than they want to. If that doesn’t happen, the case doesn’t settle and both parties...

It’s Not over ‘Til It’s Over

I recently showed up at an Issue Conference in Superior Court. Although these conferences are (supposedly) for the purpose of narrowing issues and making sure the case is ready for trial, everybody knows that the court typically treats these issue conferences as...

Mediation? No, Thank You.

Some time ago I showed up at a trial call. The opposing party was a pro per defendant. I had fully prepared the case for trial. My trial exhibits included a copy of the signed contract along with copies of all of the invoices supporting my breach of contract claim....

The Mediator’s Secret Tactic

Mediation is serious business. Clients are apprehensive. Attorneys are on high alert. Everybody knows the drill. At the end of the day, someone is going to pay more – or accept less – than they want. If that doesn’t happen, the case doesn’t settle, both parties lose –...