Monthly Archives: November 2010

28 11, 2010

Anyone for Coffee and Donuts

By |2010-11-28T19:27:14-07:00November 28th, 2010|mediation, Pyschological Research and negotiations|4 Comments

In every mediation, one of the first questions that arises is not what is the bottom line or what do we need to do to settle the case. Instead, one of the first questions asked by attorneys in mediation is “where is the coffee?” Well recent research has shown that caffeine and sugar in combination can improve the efficiency of brain activity.

23 11, 2010

Never Let Them See You Sweat, But Make Sure They Know that It Took Sweat

By |2019-07-17T21:02:24-07:00November 23rd, 2010|Pyschological Research and negotiations|Comments Off on Never Let Them See You Sweat, But Make Sure They Know that It Took Sweat

Recently I saw some advice for businesses that related to the pyschology of business success. I thought some of the advice would be helpful in the legal and mediation context. The following is a brief excerpt from Forbes' article The Pyschology Behind the Best Business Strategies

18 11, 2010

Second Decision In As Many Weeks Provides Conflicting Rulings on Conflicting Rulings Doctrine and Arbitration

By |2010-11-18T06:59:31-07:00November 18th, 2010|arbitration|Comments Off on Second Decision In As Many Weeks Provides Conflicting Rulings on Conflicting Rulings Doctrine and Arbitration

In the span of one week, the court of appeal has issued two rulings on the issue of arbitration. The most recent was in the case of Abaya v. Spanish Ranch denied a motion to compel arbitration on the grounds of possible conflicting rulings. In Abaya, the court ruled that the trial court did not abuse its discretion in denying defendants’ motion to compel arbitration where multiple plaintiffs had sued defendants. Only a few of the plaintiffs had signed an arbitration agreement. The court ruled that given the risk of conflicting rulings on common issues of law or fact between those claims submitted to arbitration and those that remained in the civil court for resolution, the trial court was correct to deny the motion to compel arbitration.

17 11, 2010

The World Has Lost a Great Mediator in the Passing of Ted Kheel

By |2019-03-14T02:12:14-07:00November 17th, 2010|mediation|Comments Off on The World Has Lost a Great Mediator in the Passing of Ted Kheel

I had noticed in the New York Times that a prominent labor and international mediator, Ted Kheel just passed away. I also want to thank my fellow mediator Mike Young for pointing out the obituary in the L.A. Times, which also addressed some of Mr. Kheel's viewpoints. I thought it would be interesting to discuss a few of his thoughts, as identified in the recent articles.

15 11, 2010

Ten Magic Words That Can Sell Your Case

By |2010-11-15T05:43:01-07:00November 15th, 2010|mediation, Pyschological Research and negotiations|Comments Off on Ten Magic Words That Can Sell Your Case

Would you like to know of some magic words that will help people who hear your message to trust you? Well if that is something that interests you, then you need to read further, because I will show you that there are certain words that can help people who receive your message to increase trust in the message. You can trust me to show you these words.

11 11, 2010

New Case On Arbitration Clause and Third Party Exception Favors Arbitration

By |2010-11-11T11:04:11-07:00November 11th, 2010|elder abuse, mediation|Comments Off on New Case On Arbitration Clause and Third Party Exception Favors Arbitration

For those of you interested in nursing home litigation and issues relating to arbitration, the court of appeal just issued a new ruling that supports arbitration clauses and addresses the issue of not allowing arbitration where third parties who may not be subject to arbitration exists.