Resolution Strategies

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 [...]