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Is "Settling" A Dirty Word?

by Jan Frankel Schau
November 2010

From Jan Schau's blog.

Jan Frankel Schau
I pride myself on settling cases. Most of the time, somewhere near the beginning of the mediation hearing, I explain to the parties that what we're after is a "compromise", not a win. Most of the time, they're satisfied with the outcome: it ends the lawsuit and usually resembles what is legally "right" or at least justifiable financially. And yet, when you "google" the word "settlements" you get a lot of images of uninvited housing developments in lands whose ownership is still under dispute. Does "settlement" also mean something like "staking out your claim"? Or consider the "settling" that takes place in so many homes in Southern California. That one causes cracks in our ceilings and walls after earthquakes have caused our foundation to tremble over so many years. Is that a good thing? What about "debt settlement"? That one gives relief to the debtor, so probably is analogous to the kind of settling I do for parties before me. And consider "settling down" as in making peace with your current situation. It appears to be subject to one's interpretation in ways that make my job that much more challenging. Do I dare to urge the parties to "settle" their lawsuit or is it useful to consider other terminology in light of the various meanings attached to the word?

Biography


Attorney Jan Frankel Schau is a highly skilled neutral, engaged in full-time dispute resolution. Following a successful career spanning two decades in litigation, she has mediated over 700 cases for satisfied clients. Ms. Schau understands the nuances of trial and settlement practice as well as client relations and balancing the needs of their representatives with the risk and expenses of trial. Those who have used Ms. Schau’s services recognize excellence in her persistence, optimism, creativity and integrity.

Ms. Schau was the President of the Southern California Mediation Association in 2007 and is recognized as among the most outstanding mediators in Southern California in the mediation of civil disputes by her peers and clients. She also serves as a Trustee of the Board of Directors of the San Fernando Valley Bar Association, and has presided as Chair of it’s Alternative Dispute Resolution Section and Litigation Section. She holds a Certificate of Advanced Skills in Negotiation from the Straus Institute for Dispute Resolution of Pepperdine University as well as from the Western Law Center for Disability Rights at Loyola Law School.



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Website: www.schaumediation.com

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