ASK A MEDIATOR
ASK A MEDIATOR
Today’s Conversation
Welcome to Mike Young’s Ask-A-Mediator!
Here is your chance to ask a mediator those pesky mediation questions that have been on your mind, be they about the itty bitty details of the mediation process, or 20,000 foot conceptual questions. For instance, don’t you wonder what’s really going on in the other room? Do mediators secretly pick who is “right” or “wrong,” and if so, does it affect their conduct? And what’s the deal with mediation confidentiality, is it really that important?
Please submit your question below.
Recent Conversations
What’s with all the BLAH BLAH in the first 2/3 of the mediation session?
Hey Mike. I don’t get it. I go to mediation and we spend most of the day talking about the case, the law, the facts, you know, that stuff we went to law school to figure out. And then all of a sudden it’s like a switch has been thrown and we ignore all of that and just start tossing numbers back and forth like a hot potato. What gives? Why don’t we skip all that gab fest at the beginning and just get down to it? — Impatient In Inland Empire–
Flip the tables on impasse
Mike, here’s a question for you. Sometimes in mediation we get pretty close, but we can’t cut a deal, primarily because the other side, unlike my side, is so stubborn and unreasonable. Any suggestions for what we can do in this situation, besides giving up and heading to Vegas. — Frustrated In Fullerton —
Incredibly interesting ethics MCLE credit
I know, I know, this sounds like the opening line of a hyperbolic spam email. (Hey, wait a minute, that gives me a good idea. Spam email, here I come. Turn your spam filters off, will you please?) But don’t let the title stop you from reading this…because it’s true: interesting ethics credit packaged in a streaming video presentation that critics say is “absolutely riveting.”* *As critiqued by my mother.
DECEPTION IS STILL KING — Apple, iPad, And The Still Murky World Of Negotiation Ethics
Hi Mike. Did you read where Apple is being sued for fraud in a trademark case over the name “iPad”? The plaintiff, a company called Proview, claims that Apple created a dummy British corporation, used a negotiator with a fake name, and lied about its intended use of the mark, in order to negotiate the purchase of the trademark “iPad” in various countries. Is this unethical negotiating behavior? Or is it fair to hide the identity of the real buyer so the seller doesn’t get too greedy once it finds out the buyer is a gigantic corporation? What’s the scoop? – Honest Negotiator –
Do Mediators Ever Screw Up?
Mike, I know this never happens with you…. Nonetheless, do mediator’s ever have a bad day? And if so, is there anything I, as an attorney for a party, can do to salvage things? After all, we spend a lot of time, not to mention money, preparing for mediations. I hate to see that all go to waste just because the mediator stayed up too late the night before. — Hard Working Litigator —
Today’s Conversation
Welcome to Mike Young’s Ask-A-Mediator!
Here is your chance to ask a mediator those pesky mediation questions that have been on your mind, be they about the itty bitty details of the mediation process, or 20,000 foot conceptual questions. For instance, don’t you wonder what’s really going on in the other room? Do mediators secretly pick who is “right” or “wrong,” and if so, does it affect their conduct? And what’s the deal with mediation confidentiality, is it really that important?
Please submit your question below.
Recent Conversations
What’s with all the BLAH BLAH in the first 2/3 of the mediation session?
Hey Mike. I don’t get it. I go to mediation and we spend most of the day talking about the case, the law, the facts, you know, that stuff we went to law school to figure out. And then all of a sudden it’s like a switch has been thrown and we ignore all of that and just start tossing numbers back and forth like a hot potato. What gives? Why don’t we skip all that gab fest at the beginning and just get down to it? — Impatient In Inland Empire–
Flip the tables on impasse
Mike, here’s a question for you. Sometimes in mediation we get pretty close, but we can’t cut a deal, primarily because the other side, unlike my side, is so stubborn and unreasonable. Any suggestions for what we can do in this situation, besides giving up and heading to Vegas. — Frustrated In Fullerton —
Incredibly interesting ethics MCLE credit
I know, I know, this sounds like the opening line of a hyperbolic spam email. (Hey, wait a minute, that gives me a good idea. Spam email, here I come. Turn your spam filters off, will you please?) But don’t let the title stop you from reading this…because it’s true: interesting ethics credit packaged in a streaming video presentation that critics say is “absolutely riveting.”* *As critiqued by my mother.
DECEPTION IS STILL KING — Apple, iPad, And The Still Murky World Of Negotiation Ethics
Hi Mike. Did you read where Apple is being sued for fraud in a trademark case over the name “iPad”? The plaintiff, a company called Proview, claims that Apple created a dummy British corporation, used a negotiator with a fake name, and lied about its intended use of the mark, in order to negotiate the purchase of the trademark “iPad” in various countries. Is this unethical negotiating behavior? Or is it fair to hide the identity of the real buyer so the seller doesn’t get too greedy once it finds out the buyer is a gigantic corporation? What’s the scoop? – Honest Negotiator –
Do Mediators Ever Screw Up?
Mike, I know this never happens with you…. Nonetheless, do mediator’s ever have a bad day? And if so, is there anything I, as an attorney for a party, can do to salvage things? After all, we spend a lot of time, not to mention money, preparing for mediations. I hate to see that all go to waste just because the mediator stayed up too late the night before. — Hard Working Litigator —
