Mediation of wage and hour matters, particularly class action cases, has developed dramatically over the past 10-12 both on a process and legal basis. New cases seem to come out weekly dealing with class certification, and companies have had to adjust their workforce management to make sure they comply with the highly technical laws that…
This story is for you if: you voted for Obama; you are a Grateful Dead fan; you want to maximize your client’s settlement while addressing the party’s personal concerns; you are looking for clear choices to balancing the importance of being client centered yet aggressive when it comes to obtaining top dollars on the case….
This story is for you if … You have a strong feeling of identity with and loyalty to a group or organization that shares your views; Your adversary appears to be part of a different tribe or group that doesn’t understand your world view. Litigators tend to divide themselves into groups who have common motives,…
The destruction of Syria’s stockpile of chemical weapons was a major event that happened in the world this year and is a testament to mediated negotiations in which words trumped force in getting the job done. Secretary of State John Kerry set things in motion when he said the Syrian government could avoid a military…
There is a famous sketch by Monty Python in which the lead character (Michael Palin) is looking to buy a five-minute argument. He walks into an office where the receptionist offers him some options. One of the options involves a person who is too conciliatory. She decides that there is a good argument available and…
First, a confession. Next, a suggestion. At the beginning of every mediation session, I am not sure which hat I will be wearing. Will it be the role of the poker player who is dealing for dollars? The priest who listens to his parishioners’ penitence? The bartender who tells stories? The judge who tells the…
The Problem: You think that your client’s pain is so severe and different than the typical client that you value the case substantially higher than the other side will pay. The Solution: Understand what “category” your adversary has put your case in and either accept it or try to create a new category of value….
This story is for you if: You handle wage and hour class action cases; You run into the situation where there are multiple similar actions filed against the same defendant by different plaintiffs. Settling class action cases is typically a distributive negotiation where there is a fixed pie that gets divided up. While there…
The Problem: You think that your client’s pain is so severe and different than the typical client that you value the case higher than the other side will pay. The Solution: Understand what category your adversary has put your case in and either accept it or try and create a new category of value. Insurers…
The problem: Many cases involve multiple claims and have limited resources to divide up. For example, if several people are injured and an insurance policy has been tendered, the injured victims have to come up with a method by which a fair division of the policy proceeds can be determined. The solution: Use an old-fashioned…
