Monthly Archives: February 2010

26 02, 2010

The Brain Is Hardwired For Fairness and Equality In Unusual Ways

By |2010-02-26T07:20:58-07:00February 26th, 2010|mediation, Pyschological Research and negotiations|0 Comments

Over this year, I have had countless times when I have heard my son say, “It’s not fair” about something that happened on the playground at school. Usually, I have to talk about how even if it is not fair, there are certain constraints that he may have to face. He usually begrudgingly goes up to his room to ponder why – when Roger took cuts in the handball line – that he has to live with the unfairness. Come to find out that my son’s sense of fairness and equality in treatment is hardwired in his and everyone’s brain. According to new research, the human brain physically wants things to be fair and equal. Amazingly, scientists from the California Institute of Technology (Caltech) and Trinity College in Dublin, Ireland, have become the first to have photographs (MRI) to prove it.

17 02, 2010

Mediation Follow Up: What, Why and How

By |2010-02-17T11:49:01-07:00February 17th, 2010|112 ways, mediation|2 Comments

Last night I gave a seminar called 112 Ways to Succeed in Your Mediation Practice. The program was a huge success. The program discussed what can be done to create a better practice of mediation. As part of the program, I gave 112 different tips on what to do both during mediation and in marketing the mediation practice. By request, I am going to start to address some of these points in my blog. I will endeavor to periodically provide a tip that was identified in the seminar and discuss the issues relating to the tip. This week’s tip:

15 02, 2010

With Bad Economy Jurors Get Hostile

By |2019-07-17T21:35:01-07:00February 15th, 2010|mediation|2 Comments

Since the recession has hit California, I have been noticing a trend that jurors are increasingly angry at the participants who brought them to court. The jurors are facing issues of putting food on the table and the last thing they want to do is consider a litigant's "right to a jury" when they are worried about where the next meal will come from.

14 02, 2010

"We Do" Are The Magic Words In Conflict Amongst Couples

By |2010-02-14T11:56:40-07:00February 14th, 2010|mediation, negotiation, Pyschological Research and negotiations|2 Comments

In honor of Valentine's day, I thought we might look at conflict resolution between people in love. New research has found that despite the fact that people often dislike when other couples use the royal "we" to describe themselves, those couples are actually using tools to help resolve conflict. A new study from the University of California, Berkeley, suggests that spouses who use "we-ness" language are better able to resolve conflicts than those who don't.

9 02, 2010

News About Medicare Lawsuit For Recovery of Medical Expenses

By |2010-02-09T07:25:25-07:00February 9th, 2010|mediation, Settlement Issues|3 Comments

As you know, I have tried to keep you updated regarding the issues pertaining to Medicare. Here is a copy of another article addressing a first of its kind lawsuit filed by Medicare against defendants. The U.S. government's first-of-its-kind lawsuit against all parties that settled a pollution liability case signals Medicare's aggressive push to make sure it does not pay medical expenses when others are to be the primary sources of payment, observers say. The suit filed Dec. 1, 2009, cites Medicare Secondary Payer provisions in federal law that allow Medicare to recover past and future medical expenses from all parties—insured and self-insured—involved in a liability claims award or settlement that includes Medicare-eligible individuals.

8 02, 2010

Mel Gibson, Who's really the A$$h*le?

By |2010-02-08T07:16:42-07:00February 8th, 2010|Settlement Issues|0 Comments

Many times in mediation, the question or issue arises as to whether a party is making an apology because it genuinely feels remorse or whether the party is simply saying it to gain some form of economic advantage. As you will see, those same apologies, when done wrong can backfire terribly.