Mediation

There is no reason to be nervous. I will make sure that the experience is a positive one for you. This is simply a process that allows me to see if there is a way to resolve your case. You should know that this is not a trial and it will not be combative. I will be...

I thought I was invincible when I was younger. Not now. My aches and pains are adding up. I am a Baby Boomer but the baby part is getting pretty stale. So I have decided to share my aging concerns with other Baby Boomers I meet in my mediation practice. As all...

View from a Mediator: Mediation and the Summary Judgment The dilemma of the summary judgment is something I see often in mediating employment cases. What am I talking about? Defense lawyers usually file a summary judgment. The question is, “Do you go to mediation...

1. Bring to the mediation, information concerning the employee’s salary and benefits. What is the value of the benefits lost? What is the rate of pay? Many times offers are made in relationship to pay. For example, offering the Plaintiff a settlement that equals an...

I have noticed that when cases don’t settle at mediation it is because of one of two reasons. REASON ONE: EMOTIONS One reason is emotions. It is rare, but sometimes the parties come to mediation only because it was mandated by the court. The parties just don’t want to...

One day in 1999, I got a letter from former Judge Samuel B. Kent, appointing me as a mediator to a case in his court. Shortly after my appointment, the Fifth Circuit slapped Judge Kent’s hand (the big spank would come later) and told him he couldn’t mandate who would...

I had an experience recently that isn’t per se employment but it got me thinking about employment issues in the workplace. I am remodeling ( for what seems like forever) and purchased new kitchen appliances. I purchased these kitchen appliances from a certain fancy...