Entries by Teddy Snyder

Mediation During the COVID-19 Shutdown

Mediation Is Critical Right Now Courts are closed. Attorneys and claims professionals are working from home as best they can. But disputes continue. If an employer is responsible for a claimant’s medical care, delivering that care during a “Shelter in Place” order is a challenge. How a dispute is handled now can determine how the […]

Quid Pro Quo in Negotiation

We’ve heard a lot about quid pro quo lately. But it’s not necessarily a bad thing. Quid pro quo is Latin for “this for that.” This is what negotiation is all about. In fact, the exchange of something of value, legally termed “consideration”, is a requirement for a contract to be valid. Settlement agreements are […]

New Law on Settlement Agreements

A new California law effective January 1, 2020 governs settlement agreement language regarding employment dismissals and rehires. An employer and employee can still agree that a settlement includes termination of employment, but the agreement cannot include language that the person is barred from re-employment. The legislative history of AB749 shows that the motive behind the law was […]

Knowledge Management

KNOWLEDGE MANAGEMENT – CREATING A MEDIATORS LIST Every organization should have a process for creating a collective memory. It’s called knowledge management. Knowledge management preserves team members’ experiences so everyone on that team can access them. This efficiency avoids mistakes and duplication of effort. Still, it is not uncommon for people considering mediation to send […]

Peace on Earth, Good Will to Men

You’re sure to hear this phrase repeatedly in December. What are you doing to make it happen? Most readers of this message are professionals charged with managing disputes. You may spend a considerable amount of time strategizing how to annul the opposing party’s claims. That’s appropriate. It’s your job. But what practically every party involved […]

Mediation Opening Statements

Times have changed. In the past, mediators would open a mediation by asking for opening statements from lawyers for each party. Problem was, though, these were typically so inflammatory that a meeting which was supposed to be about resolution started with animosity. Sometimes one side walked out right then, before the real mediation even started. That’s […]

The Last-Minute Report

On several occasions, counsel has appeared for mediation with an expert report dated the day before. Often this attorney has not served a copy of the report on opposing counsel. Nor did the advocate attach this document to the mediation brief. What effect does this report have at mediation? I have never seen a last-minute […]