Monthly Archives: December 2010

27 12, 2010

I Am A Jelly Donut

By |2010-12-27T23:00:39-08:00December 27th, 2010|mediation, Pyschological Research and negotiations|2 Comments

One of the most famous speeches in the 20th century demonstrates the importance of the way that something is said as opposed to the words of what is said. In mediation, negotiations, and all types of communication this statement is true. It is not what you say, but how you say it. President John F. Kennedy is a perfect example of this statement in his famous speech in Berlin.

25 12, 2010

Merry Christmas

By |2010-12-25T09:41:06-08:00December 25th, 2010|negotiation|Comments Off on Merry Christmas

To all, I wish you a Merry Christmas. For those of you interested in the history of the term Merry [...]

22 12, 2010

Short Form Settlement Agreement is Binding and Enforceable

By |2019-08-01T23:00:16-07:00December 22nd, 2010|mediation|Comments Off on Short Form Settlement Agreement is Binding and Enforceable

A new case addressing settlement agreements and representations by counsel regarding settlement at a court hearing has recently been decided. The court held that where an attorney confirmed in open court during trial that there was an enforceable settlement and that the parties were waiting on a long form agreement and that they were waiting for bankruptcy court approval, and based on those representations, the court dismissed the jury, judicial estoppel precluded that attorney's client from subsequently challenging the short-form settlement agreement that had previously been signed or acquiesced in by all parties and counsel. The mere fact that they were anticipating a long-form agreement and bankruptcy court approval did not render settlement conditional where the parties’ intent was that it be binding.

20 12, 2010

Yes, Johnny, You Can Bottle Happiness

By |2010-12-20T16:17:31-08:00December 20th, 2010|mindfulness|3 Comments

I love this time of the year. Happiness abounds everywhere. People wish each other to be happy every day. Each year family members express wish and desire to continue this feeling all year round. Well the reality is that happiness can be bottled and enjoyed all year long. I have been doing a lot of research on happiness this last year and to my delight, the research I have done has confirmed that I am happy. Here are a few thoughts on happiness from my research:

15 12, 2010

Malpractice Mediation Beneficial, even if Physicians Don’t Attend

By |2019-08-01T22:40:15-07:00December 15th, 2010|mediation|Comments Off on Malpractice Mediation Beneficial, even if Physicians Don’t Attend

Having litigated many medical malpractice cases and as a mediator of those same cases, I have come across many arguments regarding the efficacy of mediation in the medical malpractice context. Many argue that unless all discovery has been completed, mediation is ineffective. Others say that mediation is effective from the very beginning. Yet others offer blame for failed mediations from a partisan perspective. Regardless of the view of mediation in malpractice cases, it is clear that mediation has become a preferred tool for resolving these type of disputes. Recently, A study of mediation in medical malpractice cases found that mediation is beneficial according to the participants but that a key missing ingredient, however, is the doctors themselves.

13 12, 2010

A Spoon Full Of Sugar Makes the Anger Go Down….

By |2010-12-13T05:40:08-08:00December 13th, 2010|mediation, Pyschological Research and negotiations|Comments Off on A Spoon Full Of Sugar Makes the Anger Go Down….

Mary Poppins used to say that a spoon full of sugar helps the medicine go down. She was right. Sugar can help all types of medicine go down, including the medicine for a bad temper. According to new research, a spoonful of sugar may be enough to cool a temper for a short time.

8 12, 2010

That’s Some Sweet Jazz Mr. Mediator

By |2019-03-14T02:11:12-07:00December 8th, 2010|negotiation|3 Comments

Recently, I have had the privilege of discussing the topic of mediation and improv (both in acting and any other form of improvisation) with my esteemed colleague Jeff Krivis. Indeed, he has written a book called Improvisational Negotiation (which is an excellent book to read with wonderful stories about litigated mediations). Our discussions peaked my interest in this field and I have continued to research this issue on my own. That is why I was so excited to see an article on What Jazz Soloists Know About Creative Collaboration. The article, written by Scott McDowell, who works with creative teams and business leaders, discusses how to develop the skill of improvisation and how it can relate to business creativity and as a team member.

7 12, 2010

Reflecting On John Lennon

By |2019-09-01T22:09:45-07:00December 7th, 2010|mindfulness|Comments Off on Reflecting On John Lennon

Today, 30 years ago, John Lennon passed away. His creativity and passion for life were unparalleled. I thought I would look at some one of his quotes today and see what popped out after a particularly hard few weeks of mediations. The one I found: Time you enjoy wasting, was not wasted. John Lennon