Conflict Resolution: Arbitration vs Mediation | Aug 24, 2023

You’ve chosen to steer clear of the expense, stress, and complexities of public courtroom litigation. Now, as you seek the right alternative dispute resolution (ADR) path for your unique case, you’ll encounter another choice: arbitration or mediation. While both offer private solutions that can save you time and money, it’s important to understand the key […]

The Code of Abilene | Jun 5, 2023

A lawyer friend called me about a problem he was having with an opposing attorney.  He described how difficult this person had been and read to me their contentious email exchange.   “Have you ever met this guy?” I asked.  “No,” he replied.  “Our only communications have been by email.”   “What about the phone?  Have […]

Want to Kill a Mediation or Negotiation? | Aug 12, 2021

Want to kill a mediation or negotiation? These three statements will do it! Most mediations start with a joint conference. Since it sets the tone for the rest of the negotiations, you want the joint conference to go well. So here are three things you should avoid saying during your opening statement. 1. “It’s all […]

Why Mediate? | Mar 22, 2021

Meet Douglas Daum, one of BAY’s newest mediators. In this post, Doug explains why mediation can serve as an amazing tool, especially during this time.   “I have been an attorney for almost 44 years. I am starting a new chapter in my life as a mediator, and have been spending a lot of drive […]

When Emotions Get In the Way of Settling a Case |

“I’ll never settle with those people!,” snarled Charles (not his real name) as he slammed his briefcase down on the conference room table.  “We’re here because the judge made us mediate.  But we are not willing to settle with those people, ever.”  Charles’ client nodded emphatically beside him. “They fired my client for no reason.  They have fought […]

Why Mediate? | Mar 12, 2020

Many attorneys, and certainly those that have spent much of their careers without the relatively new benefit of mediation as an alternative to trial, often proclaim that mediation is a waste of time. Whether the parties are too entrenched in their positions, or if they simply feel like they will achieve a better result at […]

PRE-LITIGATION MEDIATION BENEFITS IN FRANCHISE RELATIONSHIPS | Mar 9, 2020

Pre-litigation mediation is being employed successfully more and more in franchise disputes. Both the franchisor and franchisee have significant interests in resolving disputes early before incurring large litigation costs and completely jeopardizing the existing franchise relationship or the entire franchise system.  Such benefits include (a) finding a collaborative win-win resolution quickly, (b) giving each party […]

How to Mediate When Your Client is Unreasonable | Dec 7, 2018

Back in the 90’s, our firm got a $104 million dollar verdict – counting punitive damages – for the family of a 17-year-old who burned alive in a fuel-fed truck fire. Shortly after the verdict hit the papers, we were preparing another client for mediation in her case. She had been hurt in a car […]

Blindsided at Mediation? | Nov 1, 2018

Part 1: The Blindsider At a recent mediation, the two parties were really far apart on their numbers. After I caucused with both sides, I realized that the defendant knew critical information that the plaintiff did not know. It was no wonder they were so far apart on their numbers! — They were evaluating two […]