Book Review

In Hollywood, the movie studios produce dramatic trailers to tease us into paying $12.00 to watch a two-hour drama unfold. Stories can certainly transport us, entertain us, teach us and inspire us. In Eric Galton and Lela Love’s new book, Stories Mediators Tell, twenty-five prominent mediators from all over the United States reveal some of the stories they have longed to tell

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Jan SchauComment
Six Examples to Counter the Allegation That Mediators Lie

GIVEN THE SECRECY that surrounds the mediation process, it may be no surprise that some suggest that mediators lie in mediation. On that issue, it is time to reveal some truths. First, secrets are not lies. For example, consider a plaintiff’s attorney who confides to me that he has yet to discover any corroborating evidence to substantiate the allegation of his client that she was teased at work due to her temporary disability. 

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Jan SchauComment
The tail that wags the dog

In an environment where over 95 percent of employment cases are resolved before trial, common barriers to settle- ment of FEHA and other employment cases persist. If we accept that the vast majority of employment disputes are set- tled, rather than tried, why do some employment cases become impossible to settle through mediation?

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Jan SchauComment
The value of a hearty handshake in negotiations

My father was an "old school" businessman. He purchased odd lots of close-out or discontinued merchandise from local sources and resold them at a deep discount in a very successful chain of retail stores for over 30 years. With predictable over-stock and out-of-season goods, he and his business partner would negotiate for the cheapest prices directly with the vendors.

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Jan SchauComment
Perfection: not all it’s cracked up to be

A funny thing happens to professionals who are nat- ural born perfectionists: Confronted by an endless array of options, the perfectionist is so wor- ried about making a suboptimal choice that even when they have agonized, evaluated, negotiated and finally acted, they are often left feeling regretful. Indeed, it is a challenge to live up to perfection in every decision. 

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Jan SchauComment
REDEFINING BAD FAITH NEGOTIATION AFTER THE DEMISE OF COURT-CONNECTED ADR IN L.A. COUNTY

There is a new world order in civil litigation in Los Angeles County Superior Court now that the court has eliminated the ADR Program and all “court-connected” mediation that went along with it. In other words, no judge is going to order you to mediate your dispute or check to see if you showed up with the requisite decision-makers and settlement authority at any time before trial.

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Jan SchauComment