Conflict Resolution

Advanced Problem-Solving Strategies

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This question comes up a lot. And the answer seems simple. Parties need to personally appear at mediation. In private mediations, we decide who should attend when we set up the mediation. In court-annexed mediation, there are rules addressing this question. In LA County Superior Court, for example, it’s local rule 3.272 now. In the Central District of California Federal District Court, it’s local rule 16-15.5. Both say parties need to attend in person. If there is any question about who on behalf of a corporate or other type of organization should appear, it should be someone with full authority to settle the case. Everybody understands and agrees that mediation doesn’t work as well without the personal attendance and full […]

Forrest (Woody) Mosten is a mediation trainer, and a prominent collaborative divorce lawyer and mediator here in Los Angeles. I came to his attention when I attended a seminar last year that he led on collaborative law, in which I had some fun playing a somewhat skeptical role. This week I had a chance to meet with Woody to discuss the possibility of a different kind of collaboration–possibly leading to an article or a book–and learned more about Woody’s background as one of the pioneers in developing legal clinics for middle class clients (having been one of the founders of Jacoby & Meyers), as well as in unbundling legal services. We talked about how our different career paths (mine the […]

At a mediation I handled recently, I walked into the conference room as one party’s lawyer was explaining to her client the differences between “facilitative” and “evaluative” mediators. “I’m a facilitative mediator,” I proudly told the lawyer and client. I said that because that is how I prefer to think of my own style, and because that is a style that at least to me seems more consistent with the ideals of mediation. Evaluative mediators act more like judges, even though their opinions are not binding on the parties. Evaluative mediators can be quite effective, if that is what the parties are looking for. Most of the time, however, I feel that a third opinion of the merits of a […]

Last week Kofi Annan, as prestigious and qualified a mediator as one could ask for, resigned his assignment to try to broker a peace agreement in Syria. Annan cited the Syrian government’s intransigence, and the rebels’ desire to achieve their ends by force of arms. In addition, he mentioned that “finger-pointing and name-calling in the Security Council” was making it impossible for him to do his job. Annan was quoted as saying that “without serious, purposeful and united international pressure, including from the powers of the region, it is impossible for me, or anyone, to compel the Syrian government in the first place, and also the opposition, to take the steps necessary to begin a political process.” Mediators generally hate […]