Friend and mediator Charles Parselle recently sent along this brief but telling mediation vignette.
CCP 1942 tenant v. landlord action.
Pl: This is a no-brainer. 175k
Def: They must be (expletive deleted) joking, offer 5k
Pl: They don’t understand the law. 134k
Def: This has only nuisance value. 20k
Pl: We are certain to get an award of attorney fees. Atty fees are 75k and counting.
Def: They are liars. Atty fees cannot exceed 10k
Mediator: Let’s deal with atty fees separately.
Pl: OK. 50k plus atty fees. (At this point, fees not specified.)
Def: No, we won’t settle piecemeal. 30k total.
Mediator: Hmm.
Def: 45k is our absolute max.
Mediator: How about 50? It’s an emotional number.
Def: (Thinks deeply). We will never offer it. But if they demand it, we will accept. Offer good for 10 minutes.
Pl: Good grief. Must talk with client privately and call co-counsel.
Mediator: Takes break and contemplates universal peace.
Pl: OK, 50k
Def: OK, 50k
A common reason for workplace tension is biased judgement. We regularly form opinions of others with only of a fraction of the relevant information. When musing over our own actions,...
By Sat SindharADRHub Audio Blog It's important in the mediation process, irrespective of the model, for the mediator to explain how she works in an opening statement. There are two reasons for...
By Arnold W. ZemanOriginally published by the Association of Family & Concilation Courts (AFCC) in AFCC eNews.A mediation process that is thoughtful, respectful, and paced to fit the communication style and needs of...
By Donald T. Saposnek, Ph.D
