One of the litigator’s most powerful tools — especially given increased court congestion due to budgetary constraints — is the judicious and timely use of a Statutory Offer to Compromise, pursuant to CCP Section 998 ("998 Offer"). But when, in the litigation timeline, is the best time to serve a 998 [...]
Every month, the neutrals at Judicate West gather on Zoom for what we call our "Mediation Forum," where we discuss a variety of topics, brainstorm and share tips and insights with one another. Several months ago, toward the end of the hour-long session, the following question was posed (which I para [...]
Defendant — who happened to be representing himself — arrived quite a bit early for the mediation, so I invited him to join me in one caucus room to discuss the facts that gave rise to the litigation. Facing allegations he had misappropriated trade secrets and started a new business in violation of [...]
Many years ago, with trial scheduled to start the following week, the parties retained me to conduct a "last-minute" mediation. The facts were straightforward and there was no dispute about liability. Defendant had caused a minor rear-end collision — the impact so minor that there was virtually no v [...]
Those who’ve worked with me know I’ve made it a cornerstone of my practice to try to connect with each attorney before mediation to discuss how to design the mediation process for optimal results. During the course of these pre-mediation calls, I routinely ask counsel whether they're open to engagin [...]
[This is an updated version of the May 2019 edition of Resolution Strategies, which has always been one of my favorites!] As they do every April, the world’s greatest golfers gathered in Augusta, Georgia last month to compete in what many consider to be the sport’s most prestigious tournament — the [...]
If I was building a library about negotiation, I'd start with a book called “The Science of Settlement: Ideas for Negotiators” by Barry Goldman, adjunct professor at Wayne State University Law School. In a mere 167 pages — 177 if you count the glossary — Professor Goldman provides a wealth of inform [...]
When I began offering my services as a mediator more than 16 years ago, I held myself personally responsible every time a mediation ended in an impasse — convinced that I had failed to do my job and had let down the parties and their counsel. Intellectually, of course, I understood that mediation wa [...]
Have you ever noticed that the best drivers and the best negotiators share certain skills in common? Both anticipate the actions and reactions of others. Both are quick to make necessary adjustments. Both are aware that sudden and unexpected maneuvers can cause a loss of traction or send things spin [...]
For reasons that largely remain a mystery to me, I had more "last-minute" cancellations in 2023 than any previous year. By "last-minute," I mean a request to cancel or continue a mediation within fourteen (14) days of its scheduled date, at which point the mediation fee is non-refundable unless I'm [...]