LA Mediators

Mediators of Southern California

All Blog Posts Tagged 'settle' (2)

Uncertainty Drives Conflict Resolution

After many years of mediating litigated cases, I find that several threads continually recur. Among the most pervasive are the following:



· Attorneys believe that their analysis of the case is superior to that of their opponent

· Parties believe that the opposing party is insincere in his/her/its position

· Attorneys believe that the opposing witnesses will be surprised by certain evidence when directly confronted by it at trial

· Attorneys believe that they will be… Continue

Added by Alec Wisner on January 8, 2010 at 12:30pm — 2 Comments

Mediating Commercial Relationships

In mediating commercial disputes, once all of the frills are striped away, the dispute is very typically about money. The money can evince itself in a number of ways: one side paying the other cash; one side paying the other in specific performance; one side paying the other by refraining from competing, and so foregoing potential income, and so on. But, when the dust clears, the outcome is generally that money either does or doesn't change hands.



A second characteristic of such… Continue

Added by Alec Wisner on December 8, 2009 at 9:33pm — No Comments

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