Tag: Shaffer Mediation

It’s Never Too Early to . . .

Stock Photo rooster weathervane against sunrise

{4 minutes to read} It’s never too early to mediate. I have written before on automatic mediation, meaning court-annexed mediation programs where the first step in the litigation process is to send the case out to mediation. Lawyers and judges who do not have experience with such programs often react negatively to the idea of cases going to mediation so early in the process. Those reactions are often based on the assumption that cases are only ready for mediation after all discovery has been completed; documents exchanged; depositions held; medical exams held when needed; etc. This assumption is wrong.

Mediating Online

Young brothers talking with tin can telephone on grunge backgrou

{3 minutes to read} Among the many crises created by the pandemic are shuttered, or barely functioning, courts. The backlogs are growing. And growing. Juries aren’t being picked. Trials aren’t being held. How do cases get resolved? How will the courts function again?

Some courts have begun doing online conferencing. However, as everyone has noticed, we seem to live in a Zoom world these days and Zoom mediations are taking off. These virtual meetings have emerged as a way to unclog court backlogs and bring new benefits to litigants. They even offer some advantages and may reflect one way our post-pandemic world will look.

Honest Conversation – Mediation and the Pandemic

{5 minutes to read} First some business: I am available for video and/or audio mediations and conferencing.

Image of a dishonest man whose nose has grown long because he lied

Next: I don’t know where things will be when this blog is published. At the moment, everyone probably wants a break from the coronavirus conversation. However, it is the 500-lb. elephant in the room. In fact, as of this writing, it’s the only elephant in the room.

So what, if anything, can mediation teach us about where we are? What can we draw upon to make things better? Two things come to mind: the need for honest conversation, and making the best of imperfect situations. They’re related but let’s take them one at a time. This blog will address honest conversation, the next, making lemonade.

Very Rudimentary

{3 minutes to read} On March 10, 1876, Alexander Graham Bell, inventor of the telephone, made the world’s first phone call to his assistant, Thomas Watson. He did not say, “Please check the attachment in the email I just sent you, forward it to Mr. Smith in London, and we’ll all talk via Skype at 2 pm ET. Also, check out the photos of my granddaughter that I texted you. Isn’t she a cutie?”

I used to think that in-person mediation always worked best because having everyone in the same place (not necessarily the same room) at the same time forced people to address the dispute in a focused manner. People were present. They had set aside the day, or at least several hours, for one thing only, and they were face to face with the mediator and at times the other side. It meant everyone got down to business. The mediation itself forced people to grapple with issues in a way they probably would not have if their lawyers were just on their own, figuring out ways to “screw the other side” at a hefty hourly rate.

The 11th Commandment

{4 minutes to read} I have written and spoken in the past about automatic court-annexed mediation programs, but maybe you haven’t heard me discuss it or read about it before. So just in case:

Certain courts force parties to go to mediation before they can continue litigating their cases through the “normal” court process. But parties shouldn’t be forced to mediate, should they? Isn’t that a decision the parties should both agree on? Isn’t a basic, guiding principle of mediation self-determination, including the decision whether or not to mediate?

Employment Mediation: How Long Does It Take?

{4 minutes to read} This is the third of four blog posts about how long a mediation should be expected to take. Spoiler alert: The answer for each is “It Depends.” The first two blogs addressed commercial and divorce mediations. This one will address employment mediations.

Employment mediations often have something in common with divorce mediations. The parties have had an ongoing relationship that has fizzled. There is almost always anger and resentment from the plaintiff/former employee, and even from the employer, who typically feels its actions were justified. Think of the spouse who initiates the divorce as the employer and the spouse who wants to remain married as the employee. Like marriages, employers and employees often stay connected even after the relationship has soured.

Divorce Mediation: How Long Does it Take?

No Comments on Divorce Mediation: How Long Does it Take?

{4:30 minutes to read} One question I always get whenever someone calls about a divorce mediation is, “How long does it usually take?” The “It depends” answer to this one is far more accurate than in most other mediations.

Many non-divorce mediations take a full day. There is something about participants getting tired and it getting dark that stimulates movement. No one wants to leave after 8, 10, or 12 hours with nothing to show for it.

In divorce mediations, a similar process plays out, but never in one day. And single sessions rarely go over two hours. Couples get exhausted by that point. Plus they need to reflect on and sometimes even live with issues, emotions, and possible decisions.

How Long Does a Mediation Take?

{3:30 minutes to read} Someone recently asked me how long I would expect a mediation to take. I thought hard for two or three milliseconds and said, “It depends.”

So, how long should one expect a mediation to take? I’m glad you asked. I’ll address different areas of mediation length over the next few blog posts, but let’s start with a commercial case.

Employment Mediation — If Not Now, When?

{3:30 minutes to read} I recently had a conversation with two attorneys in an employment matter that came my way through a court annexed mediation program that automatically sends all employment cases to mediation.

I have written before about the benefits of “mandatory mediation,” which until somewhat recently was often thought of as an oxymoron. One axiom of mediation has been that the parties are in charge of the process, including the decision whether or not to mediate. However, it turns out this theory has some flaws. The most serious is that many litigants would love to try to resolve their cases early on, but don’t want to make the first move in suggesting mediation for fear it will be a sign of weakness.

Condo Association Warfare

Condo Association Warfare by Gary Shaffer

{4:30 minutes to read} A friend recently told me about a situation involving her neighbor at the condo development where she lives. She and the neighbor were never close friends, but they were friendly toward each other, saying hello and chatting when they would see one another.

About a year ago, however, things began to change. The flowers my friend had planted in her front yard for several years were now not to her neighbor’s liking. And the awning that provided shade on the rear of my friend’s unit, which faces west and can get hot in the summer, was suddenly a violation of the condo rules. The awning had been up for about seven years.

347-314-2163