Mediation Insights

Schau's Mediation Musings

  • Looking Forward Not Back in Mediation

    Lawsuits typically mark a particular point in time when someone caused, or allegedly caused, someone injury or damage. The “Plaintiff” gets fired from their job, the Defendant rear-ends the Plaintiff on the highway, the Defendant breaches the contract, etc. All of a trial and all of litigation is aimed towards looking back at the evidence […]

  • Using Mediation to Justify Litigation

    Sometimes I feel as though I am tilting at windmills in mediation. Both lawyers and their clients are becoming increasingly sophisticated. What I find this means is that either early on or even before filing a lawsuit, the parties are often urging their lawyers to try mediation. Most of the time, it is, in fact, […]

  • How Mediation Can Restore Civic Discourse

    Last night I had the privilege of attending an event where Justice Anthony Kennedy spoke. He talked about our country’s “crisis in civic discourse” on the night that the 9th Circuit had voted to uphold a temporary stay of President Trump’s Executive Order on immigration and Trump, in response had tweeted out to the Attorney’s […]

  • Bullhorn Diplomacy and its limits in Mediation

    We’ve seen a lot of saber-rattling here in the U.S. in the past week. It is a sharp departure from the prior administration’s handling of diplomacy, which was largely conducted outside the glare of the media and most of the time, also outside the knowledge of the public. It strikes me that there is a […]

  • BULLY Mediation

    It is my observation that the bully approach is not effective in mediation, although it may be in court. In mediation, if one side begins with a lot of chest pounding and intimidation, the other side will usually react negatively and the likelihood is that the matter will not settle, or will settle less favorably […]

  • Fresh Perspectives for a Fresh New Year

    As promised, I have returned from a cruise in South America to view the mediations which I “host” with new and fresh perspective. This is a photo of Iguazu Falls–from the Brazil side. The falls are shared by 3 countries: Brazil, Argentina and Paraguay. Each one offers it’s own unique view and somehow the 3 […]

  • The Masks we Wear in Life and Mediation

    I have recently mediated a series of sexual harassment cases in which the Plaintiff claimed to have been a repeated victim of unwanted touching, abuse and sexually tinged comments, both within the workplace and outside. The employers, for their part, are blindsided by the conduct that is taking place within their workplaces. They see themselves […]