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 […]

How do Video Conference Mediations work at BAY? | Mar 23, 2020

Our neutrals have come together to show you what you can expect during video conference mediation/ arbitration. What’s needed from you? Your attendance. That’s all. Let our neutrals take care of the rest. Our neutrals are fully prepared to guide you through video conferencing in a way that makes it simple for all parties involved. […]

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 […]

BAY’s Preventative Measures for COVID-19 | Mar 11, 2020

We at BAY believe in-person mediations are the best way to reach a resolution of a dispute. Furthermore, we have been monitoring the COVID-19 situation and are making accommodations to address potential concerns. To meet those concerns, we are prepared to hold mediations partially or completely by video conference until the issue has been resolved. […]


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 […]