Guess Who’s Coming to Mediation? The Problem of Unwanted Attendees in Mediation

The rules governing attendance at mediation are not widely known, and there are some commonly held misunderstandings that require debunking. There are few things more disruptive than disputes over participation and authority. In the worst-case scenario, the parties have not communicated in advance, and an unwanted someone unexpectedly appears at the start of mediation to […]

Your Early Holiday Stocking Stuffer: The Silver Dollars I Picked Off Your Floor

I want to offer you a valuable stocking stuffer for next year. For most lawyers billing hourly, the smallest profit generator is the billable unit recorded as one-tenth of an hour – the “point-one.” When you engage in any large task, there is a small amount of lead-up time, and a transition-away time from that […]

Negotiating in the Crosswind of Settlement Desire

The desire to settle during mediation can be mutual, essentially balanced and shared, or highly unbalanced or asymmetric. As a mediator, I want to find out which side more strongly feels the need to settle. I seek to press upon the side least desirous of settling. I try to move a party or their lawyer […]