Mediation

20 Jul: My Passion for Dispute Resolution

I have a passion for dispute resolution.  It comes from my heritage – a dad who was a lawyer in the Midwest in the 50’s, 60’s and until he retired at 85 years old in the 90’s.  He was a master negotiator but at the same time a supreme diplomat.  His best friend – my Godfather – told me that Dad could tell someone to “go to hell” and they thought they received the Congressional Medal of Honor. I spent a number of years as a traditional “defense” lawyer in the civil litigation arena.  As part of that, I became involved in the early Insurance “bad faith” cases. I tried – as a defense lawyer – the first two first party bad faith cases to go to verdict in California (before Egan was tried in November 1974).  There was no bifurcated trial with the financial worth of the insurer not being known…

02 Mar: The Resolution Advocate: Preparing for an Effective Mediation

PREPARING FOR AN EFFECTIVE MEDIATION It takes considerable effort and preparation to make the mediation process work. One complaint I hear over and over is that some lawyers — and perhaps clients —  just don’t get it. Based on my experience, some of what it takes to prepare for an effective mediation: A common and good faith interest in mediation An exchange of complete and thoughtfully prepared mediation statements and exhibits well in advance of the mediation date The presence of those with real authority to settle A level of candor and disclosure that allows the parties to realistically assess the other side’s position STATING THE OBVIOUS Perhaps the most important trait of a good advocate who also serves as a mediator is listening to what the other side has to say, along with carefully assessing the position counter to the clients. If this is done — and it should be if counsel’s representation in mediation is to meet…