Top 10 Read Posts on the Blog in 2017

Here are the top 10 read blog posts in 2017: What are your chances at trial? How well do plaintiffs and defendants do in state civil courts? Gamesmanship In A Lawsuit And Discovery Can Cost You Do Retired Judges Make Good Mediators? Are Hugs at Work Sexual Harassment?...

Mediation vs. Arbitration

Many people confuse arbitration with mediation.  They are not the same thing and they are not interchangeable.  On this blog, I rarely delve into the world of politics and international relations.  However, I will given a comment made by President Trump on his trip to...

Arbitration Can Save Time and Money

Arbitration is where a private judge (or a panel of private judges) called an arbitrator makes a usually binding decision for the parties.  Micronomics performed a study comparing AAA Arbitration to Litigation in federal court and here is what they found: Arbitrations...

Win a $256M Verdict but Still Lose?

Almost everyone who appears in a commercial mediation I conduct thinks they are going to win their lawsuit — if they are among the 1.5% or so of cases that actually make it to trial.  People understandably get caught up in the emotion of their case.  Humans...

Conflict Quote — Norman Cousins

“Wisdom consists of the anticipation of consequences.” — Norman Cousins (1915 – 1990), American political journalist, author, professor, and world peace advocate. One of the goals of mediation is to anticipate consequences of the decisions the...

Conflict Quote — Ella Fitzgerald

“It isn’t where you came from, it’s where you’re going that counts.” — Ella Fitzgerald (1917 – 1996), American Jazz Singer Mediation is a forward-looking process — we worry less about what happened and more about how to...