I recently mediated a dispute over money either borrowed (according to one party) or gifted (according to the other party). While nominally the dispute was about money, as is true so often, the underlying conflict was personal. Through opening statements, it became clear that what the parties most needed was…
Category: Mayer on Mediation
Top 10 Lessons Learned as a Mediator
It’s year-end, so it must be time for a top 10 list, right? I realize it is cliché, but as the minutes tick away on 2014, it is a time to reflect on the past, including the lessons that I’ve learned as a mediator. So here goes — my top…
Six Hats and a Mediator – Turning Problems into Solutions
“Six Thinking Hats” is a problem solving system developed by Dr. Edward de Bono. The basic premise is that the brain can analyze and solve problems in six distinct ways: objectively, creatively, subjectively negative, subjectively positive, process oriented, and instinctively. While our brains can use each of these distinct approaches,…
Woof! Woof! — Tips for Preparing for a “Dog Case” Mediation
Litigation involving dogs is a special breed. Many of us love our dogs like we love our children. We revel in their accomplishments, suffer when they suffer, feel joy when they seem happy, and feel anguish when they appear troubled. Because of this special relationship, dog cases (meaning disputes involving…
Top Tips for Preparing for Mediation (Part 3)
In the world of civil litigation, mediation falls in the same category as death and taxes – it is a certainty. While every case is different, below are some “one size fits all” practice tips for preparing for mediation based on over 20 years of experience. Be Prepared to Compromise….
Top Tips for Preparing for Mediation (Part 2)
In the world of civil litigation, mediation falls in the same category as death and taxes – it is a certainty. While every case is different, below are some “one size fits all” practice tips for preparing for mediation based on over 20 years of experience. Be Candid. The mediator…
Top Tips for Preparing for Mediation (Part 1)
In the world of civil litigation, mediation falls in the same category as death and taxes – it is a certainty. While every case is different, below are some “one size fits all” practical tips for preparing for mediation based on over 20 years of experience. Be Prepared. You wouldn’t…
Why Mediate? Beyond Because the Court Said So….
Lawsuit is filed. Discovery may or may not be completed. And then the docket control order, scheduling order or other similar document imposing deadlines requires the parties to go to mediation. I can already hear the groans. What a waste of time! What a waste of money! This case will…