tag:blogger.com,1999:blog-329175462011-12-01T06:00:17.324-08:00I am a full-time Family Law and Divorce Mediator in San Francisco. Mediation allows individuals to make their own decisions in both complex, high-asset cases as well as not-so-complex cases where cost-savings is one of the reasons to mediate. But the most important reason to mediate is that you both share a desire to work together to reach an agreement. That I can work with.Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.comBlogger1391100tag:blogger.com,1999:blog-32917546.post-46883818414080010052011-10-12T14:22:00.000-07:002011-10-12T16:33:05.115-07:00

A while back, I posted a link to a support group which focuses on helping women through the difficult transition of divorce or separation (although they also work with men). This is my belated follow up link for a support group which focuses on helping men through this same difficult transition (although he also works with women). Larry O'Connor provides group support for men going through

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-76225149545167055182011-03-08T10:49:00.001-08:002011-03-08T12:05:46.654-08:00

There seems to be quite a bit of misinformation about mediation out there despite the prevalance of mediation in many legal and non-legal arenas. One of the ones that always surprises me is when people think of mediation as being similar to a court hearing when the fact is that it is purposefully not at all like a court hearing. It's designed to be a peaceful process that promotes understanding

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-3506705050360016172010-12-30T10:57:00.000-08:002010-12-30T11:12:04.051-08:00

The benefits of divorce mediation are clearly being realized not only in the San Francisco Bay Area but around the world as well. Some courts in England recognize that divorce mediation is not only a better solution for families ("quicker, cheaper, and less stressful") but also for taxpayers funding ongoing litigation and those courts are doing everything possible to encourage the use of

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-6827138397081473152010-11-22T10:17:00.000-08:002010-11-22T10:59:11.313-08:00

In my 11 years of practicing law, I have noticed that attitudes and approaches to litigation and divorce vary from county to county. I have seen couples who wish to have an amicable and peaceful divorce be thwarted in those efforts because many of the attorneys in their area are holding strong and fast to traditional methods of positional and combative litigation.Although I am a full-time

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-8352858174201845252010-08-20T13:30:00.000-07:002010-08-20T14:04:32.773-07:00

As a divorce mediator, my clients come to me to help guide them through a very difficult time of their lives. In addition to managing the court filings and financial disclosures and helping couples reach creative agreements together and putting all of that into writing, I am also able to share with my clients the wealth of resources I have gathered over my years in practice.Individuals going

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com5tag:blogger.com,1999:blog-32917546.post-66758582779163866292010-05-12T15:56:00.000-07:002010-05-12T16:16:13.904-07:00

....something needs to give. Having not posted an article since December, it's safe to assume that posting blog articles has been one of the things I had to put aside in order to meet all my other obligations.I realize I am far from alone in this dilemma; we all have too much to do and not enough hours in the day to get it all done. And good luck trying to have a balanced life when children,

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-52282329224742121382009-12-28T17:55:00.000-08:002009-12-28T18:38:29.727-08:00

At the end of the year, many family law attorneys are busier than usual, often working around the clock to help their clients finalize their divorces before the end of the year. As a divorce mediator, this is particularly true because the couple is working together and are making decisions together - including when to finalize their divorce. I typically see just a few reasons a couple would want

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com3tag:blogger.com,1999:blog-32917546.post-91457167566028832762009-10-26T12:52:00.000-07:002009-10-26T18:30:15.868-07:00

I was recently asked how mediators are able to keep their own "issues" out of the mediation and my answer is that I don't think they can. If a mediator is impatient or demanding or self-absorbed, how would that not come through and influence the mediation process? On the other hand, if a mediator is naturally a good and patient listener who is intuitive and can easily sympathize with many

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-12012430980581774872009-10-19T12:28:00.000-07:002009-10-19T12:45:28.880-07:00

The San Diego News Network is featuring a Family Law blog series sponsored by San Diego family lawyer Garrison "Bud" Klueck which includes in Part I of the series:"A good way to remember the various options that divorcing couples have is summarized in a little poem:Litigation, mediation or collaborative law,Divorce is no longer, one size fits all."Part II of the series discusses various models of

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-40545485931634745562009-09-22T18:26:00.000-07:002009-09-22T18:50:48.468-07:00

I had the pleasure of being invited to join the Rob Black radio show this morning on www.talk910.com to discuss divorce mediation. Rob has a great radio show on money, finances and investments and also has a daily show on Kron TV.Here is a link to the podcast so you can hear the show: Link.Or go to the website and select "Listen" to today's podcast.Here's more information about Rob's shows so you

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-51124988642772433952009-09-22T18:00:00.000-07:002009-09-22T18:18:22.175-07:00

From the Ridgefield Press in Connecticut, family law attorney, Karen Stansbury, switched from 20 years of litigation to providing mediation services for family and civil disputes. Here are excerpts from the article“I will no longer practice family litigation — I’ve done it for 20 years and I do not think it works,” she said. “In the traditional litigation process, parties give up control of their

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-67864355836476019552009-08-20T13:14:00.000-07:002009-08-20T13:39:32.059-07:00

There's a part of me that doesn't want to believe there are conflicts in such idyllic places as Maui. Granted, I haven't been there in many years, but my memory (or maybe I imagined this) is of a slower, more peaceful and enjoyable way of life which exists in a lush island paradise (maybe I should go back to confirm this...). I prefer to think of it that way rather than to think there are

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-23060887151846919492009-08-13T14:16:00.000-07:002009-08-16T16:06:02.158-07:00

An article in the Journal Record today highlights the financial benefits of avoiding a costly divorce by choosing divorce mediation or collaborative law over a litigated divorce. Given the state of our economy, many couples who have decided to divorce are searching for less expensive options which will still result in a fair, complete and enforceable agreement.This is the link to the full article

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-69848139815327245002009-08-12T10:03:00.000-07:002009-08-12T12:00:29.849-07:00

Two observations: 1) I think optimism is a required personality trait for mediators; and 2) when mediation does not solve the problem, the optimistic mediator may be devastated.Not everyone is cut out to be a mediator. Similarly, not everyone is cut out to be a teacher or a police officer or a therapist or long distance truck driver, etc. We all have natural abilities which can be enhanced with

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-43962091624265640282009-06-03T12:08:00.000-07:002009-06-03T12:30:24.029-07:00

More good news about family law from Canada's Telegraph-Journal. Well, it's good news and bad news really. The bad news is that the family court systems in Canada seem to be as poor a place to resolve divorce and child custody issues as the family courts in the U.S. The good news is that their government appears to recognize this problem and is working on providing mediation services for couples

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-79921955170057470702009-06-02T12:27:00.000-07:002009-06-02T12:30:59.998-07:00

Here's an interesting article out of Alberta indicating that the family law attorneys in Lethbridge have moved from the traditional litigation model of divorce litigation (each party has an attorney and the judge decides everything through hearings and court trials) to the collaborative divorce model which is a team approach using mental health and financial professionals in addition to the

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-31342076893709940532009-04-30T15:04:00.000-07:002009-04-30T15:47:52.135-07:00

Most parents know that custody litigation is not an ideal place for parents or children and is something to be avoided if possible. Custody litigation is both financially costly as well as emotionally costly. And while parents may recover from the financial impact of a drawn out custody battle and move on with their lives, when do the children recover from being put in the middle of their parents

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-65098267402159660212009-02-28T15:28:00.001-08:002009-02-28T15:32:07.361-08:00

I have pasted below a link to an article in Self Help Magazine that provides 10 short but important reasons to try divorce mediation. Here is the introduction to the article:"You've decided to seek a divorce. Your nerves are frayed; the in-laws are asked pointed questions; the children are beginning to act up in all-too-transparent ways; and your pleasantness is in the midst of an earthshaking

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-39724129891658912702009-01-29T10:52:00.001-08:002009-01-29T11:12:58.416-08:00

This is a confusing question given how mediation works. If the question is posed as: "Is an agreement reached through mediation binding?" then the answer is "Yes!" But because the mediator is not making decisions for the parties, when someone asks the more common question: "Is mediation binding?" I have to first unravel the question in order to make sure that my answer explains that the question

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-20633973986049784382009-01-02T11:45:00.001-08:002009-01-07T22:45:17.071-08:00

Happy New Year! At a recent social event, I was engaged in a conversation with a well-educated and informed individual ("Pat") who was curious about my chosen profession as a family law mediator. Pat wanted to know more about the types of clients I work with, how people find me and how I help couples in a different way than traditional attorneys do. I explained to Pat that as a neutral mediator,

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-19949337793745163572008-11-18T15:32:00.000-08:002008-11-18T18:00:41.105-08:00

The Gilbert Guide is an online resource which caters to seniors. http://www.gilbertguide.com/ provides information on finding long-term care, (assisted living, skilled nursing, hospice, adult day care and at-home care) in addition to information on all types of issues affecting seniors. These include legal issues affecting seniors, (family law, estate planning, probate, elder abuse, etc.)

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-81595363909530704912008-10-13T11:05:00.000-07:002008-10-13T11:36:01.367-07:00

In most of the cases I mediate, my clients tell me how glad they are that they chose to mediate (whether it's a divorce mediation or premarital agreement mediation). Most of my clients also tell me how surprised they are that I was able to help them resolve issues they were not able to resolve themselves and/or how thankful they are that I made the process so easy.Here is a thank you I recently

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-11133585361928184142008-09-14T15:29:00.000-07:002008-09-14T16:06:45.218-07:00

The current mortgage crisis has a severe ripple effect, reaching out and impacting most people's lives in some way or another. One of the impacts I am seeing as a divorce mediator is that divorcing couples are struggling more than ever to figure out what to do with the family home. Couples are continuing to live together despite their pending divorce and desire to not be living together and

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-2942905355124252282008-08-20T21:46:00.000-07:002008-08-20T22:43:58.937-07:00

As a divorce mediator, I have quite a few resources available to help divorcing couples or individuals in various ways. I know great financial advisors for couples getting married or in a relationship, Certified Divorce Financial Analysts to help divorcing parties make good financial decisions in a divorce, CPAs for tax advice, appraisers for businesses and property, actuaries for pension and

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-29586653703461588412008-08-10T19:32:00.001-07:002008-08-11T15:32:59.589-07:00

Kathleen Pender's "Net Worth" column in the San Francisco Chronicle's Business section is one of my favorite columns. She frequently discusses issues like retirement plans/benefits, mortgages, credit, investments and estate planning that are directed to all of us and not just the Fortune 500 business people out there. She's great at taking complex issues and distilling the important pieces for

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-40730573616982145042008-07-31T14:33:00.000-07:002008-07-31T14:46:48.602-07:00

Answer: Maybe; and it might be a great idea!I often receive calls from couples who have decided to work together to dissolve their marriage amicably and they are not certain whether it's a mediator or a lawyer they need to help them accomplish this goal. Because I provide both services, I explain the differences and the situations in which one might be preferred over the other.Mediation is a

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-10838933417022882592008-07-31T14:10:00.000-07:002008-07-31T14:20:37.532-07:00

If the contract you signed states that the parties agree to mediate any disputes, you must comply with that provision and mediate before you run off to file any type of lawsuit, or else your lawsuit will be dismissed. All types of contracts can have a mediation provision (which is different from an agreement to arbitrate), including real estate purchase agreements, lease agreements, employment

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-41488801007703635292008-07-23T17:39:00.000-07:002008-07-31T14:09:48.456-07:00

One of the first things I do in a mediation is to explain to the parties that everything that happens in the mediation is confidential unless there is a written signed settlement agreement or other signed forms that will be filed with the court from the divorce mediation case. Before the mediation even gets started, the parties sign my Agreement to Mediate, which explains more about the

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-90946677707187658442008-07-14T18:20:00.001-07:002008-07-14T18:33:35.600-07:00

I hate to sound like a broken record, but as a divorce mediator, it's hard to figure out why divorce mediation isn't the option everyone chooses in a divorce! Here's an informative article from newsday.com about divorce mediation and the unfortunate fact that New York remains one of the worst places to get divorced.The article is "New York State lags in using divorce mediation" reported and

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-53900018477325716792008-07-14T17:45:00.000-07:002008-07-14T18:14:56.059-07:00

I have pasted below the full text of a short and sweet article from the The Orlando Sentinel about how and why mediation works and why you might want to give it a try. But first, I'd like to provide an excerpt about the Charles Dickens' novel, The Bleak House, which is referenced in the Sentinel article, to give you the appropriate context for the Sentinel article.From David Perdue's Charles

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-31998900088654659382008-07-08T09:22:00.000-07:002008-07-08T09:31:44.317-07:00

The San Francisco Chronicle ran an informative and timely piece this Sunday on the benefits of mediation to resolve conflicts in the workplace. This is timely given the difficult economy we are facing and a resulting lack of job security for most of us which might prevent employees from speaking out about conflicts that affect their work.Here's an excerpt: "So what are employees supposed to do

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-69639758147238479802008-06-25T15:57:00.000-07:002008-06-25T17:11:23.957-07:00

Yes! Yes! Yes! Give mediation a chance! That's the call from business lawyer and mediator Scott Flegal (he's got one of those last names that destined him for law, just like me!) in the Nashua Telegraph (http://www.nashuatelegraph.com/) on June 12.In his article, "Before Litigation, Give Mediation a Chance," Flegal explains how he's tried to pitch the virtues of mediation to businesses over the

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-24533729136234780032008-06-11T12:22:00.000-07:002008-06-11T13:08:23.714-07:00

The fabulous Community Boards Conflict Resolution Services of San Francisco is well known among practicing mediators as well as many members of the community who have used Community Boards' no-cost and low-cost mediation services to resolve their disputes (which include neighbor disputes, family feuds, roommate problems, landlord & tenant disputes, parent & child issues, fences, pets, tree

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-13034065686459762702008-06-09T13:57:00.000-07:002008-06-09T14:13:42.849-07:00

There was a great article in the Wall Street Journal last week touting the benefits of mediation and other collaborative methods of resolution of divorce and family issues over court litigation. Here is the link to the article here.The article highlights the lasting negative effects on children from a bitter divorce as at least one reason to keep the divorce out of court. The Wall Street Journal

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-77575711614053953552008-06-04T11:07:00.000-07:002008-06-04T11:30:53.179-07:00

I am a family law mediator which means I work with couples at the beginning and the end of their most significant relationships. I work with engaged couples to prepare balanced prenuptial agreements (to minimize disagreements in the event of a divorce) and I work with couples who are divorcing but who do not want to waste time and money fighting in court.Because of my work, I am always interested

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-22712704426289293842008-05-27T17:56:00.000-07:002008-06-11T13:17:08.790-07:00

I have heard of mediators specializing in keeping couples together but until now I have not understood fully how it works or how it is different from traditional couples therapy. Here is a link to an article I came across about a marital mediator in Westport, Connecticut, which provides more insight into this interesting area.As a divorce and family law mediator myself, I am always interested in

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-43940083391509169472008-03-13T09:19:00.000-07:002008-03-13T09:27:50.196-07:00

Here's a great article on the training process for doctors and lawyers involved in a new mediation project to resolve malpractice claims. The article is from Philly.com. One of the things that makes this so unique is that the doctors themselves are being trained as mediators, which means they are being trained to listen to patients in a whole new way. I think this is wonderful idea and can only

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-84714228004214352512008-03-13T07:52:00.000-07:002008-03-13T07:59:15.018-07:00

If you've read any of my prior posts, you probably don't need more convincing that mediation is a great way to solve a dispute while saving time and money or that mediation can offer more creative solutions than the court can to deal with complex issues and problems. But in case you're still not sure mediation is worth your effort, read on for excerpts from various articles from the internet:From

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-41541872844990995772008-03-06T08:42:00.001-08:002008-03-06T08:57:29.244-08:00

Mediation continues to grow in popularity, particularly in family related disputes like guardianships and conservatorships. I have pasted below the full article on Mediating Elder-Care Disputes from the Wall Street Journal.Mediating Elder-Care DisputesBy TOM LAURICELLAMarch 2, 2008It's hard enough for families to navigate the complicated and emotionally charged decisions related to elder care

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-38170783805689178102008-02-03T18:50:00.000-08:002008-02-03T19:46:37.033-08:00

I recently worked with a mediator who very strongly prefers to mediate without attorneys present - just with the disputing parties themselves. I found this fascinating....This mediator was recommended to me by respected colleagues for this particular type of case in which I was legal counsel for one party. So, when I called the mediator's office to find out more about her, I was a bit surprised

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com2tag:blogger.com,1999:blog-32917546.post-8958483515722912272008-01-10T06:28:00.000-08:002008-01-10T06:57:47.524-08:00

I have been thinking about the fact that the time I am able to commit to updating my blog on a weekly basis is not what it used to be. It's not always easy to find the time or content that is interesting enough to post for all to read.While I haven't yet decided on the direction this blog will take, I was interested to read a short article from fellow blogger Mark Herrmann in the National Law

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-46126779046806002742007-12-20T18:54:00.000-08:002007-12-20T19:21:53.019-08:00

This year has been crazy in a good way. Here are some highlights for the "Mediation & Law Office of Paula M. Lawhon":1. I moved to a new office in my building early in the year to get two much-needed mediation/conference rooms in addition to my office, which also functions as a mediation room. This has made it so much easier to schedule mediations since I no longer have to sign up for the shared

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-16878609761040742582007-12-03T07:27:00.000-08:002007-12-03T07:48:17.198-08:00

I wrote recently (here) about the necessity of all parties coming to mediation with open minds. Keeping an open mind and not foreclosing options allows the parties, their representatives and the mediator to explore creative ways of resolving the dispute to everyone's satisfaction.We are reminded of how important an open mind is when we hear about a potential mediation being derailed when one or

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-4513193743123035542007-11-19T06:39:00.000-08:002007-11-19T06:48:53.317-08:00

I am always searching the Internet to grab any information I think might be helpful to those considering mediation of any type of dispute so I can post it on this blog. I came across this useful press release article regarding an Internet Radio Talk Show which discusses "Myths & Facts of Divorce Mediation." There are live Internet shows and archived Internet shows as well.Below is an excerpt from

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-11951416833601116982007-11-11T11:08:00.000-08:002007-11-11T11:20:46.551-08:00

Here's a good article from the Wall Street Journal discussing mediation and arbitration in the context of trading disputes. The information WSJ provides regarding the pros and cons of these alternative dispute resolution methods applies to all types of cases and is a useful read for anyone considering mediation or arbitration. (Click here to go to this WSJ article).Trading Dispute? Try

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-49450966137861756122007-11-05T06:41:00.000-08:002007-11-05T06:56:28.081-08:00

As detailed in a previous post, mediation of a prenuptial agreement allows both spouses to sit together with a mediator to create an agreement regarding their marital finances while still preserving their romantic relationship. I have pasted below an article which outlines some of the problems which can arise without a prenuptial agreement. For more information on prenuptial mediation, click here

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com2tag:blogger.com,1999:blog-32917546.post-89543110276072519902007-10-27T14:18:00.000-07:002007-10-27T14:32:03.730-07:00

(Beautiful Realistic Fantasy Art "brain" image used with permission for this Open Mind article, courtesy of Elizabeth Stafford) In a recent civil mediation with unrepresented parties, one of the parties was looking forward to the mediation and the opportunity to be able to discuss the dispute face-to-face and hear from the other party. Meanwhile, the other party was a bit less excited about the

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-32738746318628880722007-10-27T13:31:00.000-07:002007-10-27T13:48:32.061-07:00

I have pasted below the full article from the "Daily Tar Heel" online newspaper for University of North Carolina at Chapel Hill. The article discusses a case involving an assault charge against a public official in which mediation was effective in resolving this very public dispute.Mediation absolves Coleman chargesBy: Andrew Dunn, Senior WriterIssue date: 10/26/07 Section: CityPrintEmailThe

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-64735504496611323642007-10-23T06:56:00.000-07:002008-02-03T18:49:41.099-08:00

I was recently asked to submit an article for Plaintiff Magazine's Alternative Dispute Resolution issue. For those of you whose addresses I do not have, I have included a link to the full published article here. For those of you whose addresses I do have, you most likely received a copy in the mail.The purpose of the article was to highlight the importance of drafting an enforceable settlement

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-33689028579866989232007-10-14T20:42:00.000-07:002007-10-14T20:53:07.298-07:00

According to the WIPO website, "The World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. It is dedicated to developing a balanced and accessible international intellectual property (IP) system, which rewards creativity, stimulates innovation and contributes to economic development while safeguarding the public interest."This all sounds interesting. But

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-34581506662749400082007-10-02T09:10:00.000-07:002007-10-02T10:08:48.324-07:00

An Associated Press story (from the San Francisco Chronicle) about a mediated settlement in San Dimas (Southern California) is one of the few articles I have read about big settlements reached through mediation. (Link to story here)Of course, we always read or hear in the news about cases settling or ongoing "settlement talks." And most people know that most cases settle before they ever see the

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-48129685188898753522007-10-01T12:35:00.000-07:002007-10-01T14:46:29.200-07:00

I had an observer in one of my mediations last week. Although the observer did not participate in the mediation, she has mediated cases previously and she was affected by what took place in this mediation.This particular mediation, which was in its second session, involved a slightly heated exchange in the first hour. There was no yelling or screaming, but both the volume and tension in the room

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-60867942632989801362007-09-14T06:33:00.000-07:002007-09-15T12:39:19.891-07:00

As a mediator, I am often faced with questions from potential clients concerning my ability to be neutral when the parties include men opposing women in the case. I like to take the time to address the concerned party's specific issues before meeting with them, explaining that my job is to be neutral, to not represent one side's interests over the other regardless of anyone's gender, but to work

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-21226957403490017462007-08-24T19:56:00.000-07:002007-08-24T20:31:02.882-07:00

Mediation can be an effective tool for helping parties to a lawsuit settle their case out of court. But many mediators are also involved in helping to prevent lawsuits from happening in the first place. And, even in disputes that might not be headed to litigation, mediation is a great option for settling disputes (both monetary and non-monetary), opening the lines of communication between

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-90938210955755740502007-08-21T10:22:00.000-07:002007-08-21T12:45:06.379-07:00

Wikipedia - "the free encyclopedia" - is not a reference I would cite in motions to the court. However, in browsing around Wikipedia today, I see that quite a bit of information exists under the search term "Mediation" that might be useful for individuals curious about or contemplating the use of mediation.Here is the description of "Mediation" provided: Mediation, a form of alternative dispute

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-10495419072452175182007-08-07T15:41:00.000-07:002007-08-08T07:11:40.336-07:00

(Photo from Flickr)One of the greatest benefits of divorce mediation is that although the laws regarding division of community property are generally clear (i.e., 50/50 for everything acquired during marriage regardless of whose name it's under), the parties themselves aren't required to follow those laws when entering into mediated settlements. While this is one of the same benefits of mediating

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-54956691426366214332007-08-04T17:34:00.000-07:002007-08-04T17:49:32.470-07:00

In my last post, I wished out loud for a poster of the "Everyone Remain Calm" sign for my office, thinking it would help set the tone for the mediations I conduct here without being too serious. With the message as well as the Transamerica Pyramid in the background, the sign is perfect for my practice.Lucky for me, my brother Daniel, a graphic designer, happened to read that post and is now

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-78698390370587753892007-07-20T10:23:00.000-07:002007-07-20T10:30:32.010-07:00

This is the advertisement on my favorite classical music radio channel's website. Every morning when I get to work, I open the KDFC website (www.kdfc.com) to get that calming music streaming into my office all day. And every morning, when I see the "Everyone Remain Calm" sign, I think "That would be a great sign for the office."I work to keep a calm environment in my mediation practice and my law

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-83100388922659447442007-07-16T13:02:00.000-07:002007-07-30T15:02:35.512-07:00

Mediators like to talk about win-win solutions in theory. And in practice, a win-win result is the goal of mediators boiled down to its nicely cliched essence.Mediators are trained to draw information and ideas out of disputing or negotiating parties that will help to put a deal together that works better for all the parties involved than any other possible solution could. Sometimes the options

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-76491311855263095992007-07-11T20:22:00.000-07:002007-07-14T08:24:46.739-07:00

Evel Knievel and Kanye West are attempting mediation. This from an Associated Press article found in Comcast's online news (Link to full article here) this week.Knievel filed a trademark infringement lawsuit against West whose rap video shows West, in full Knievel regalia, riding a motorcycle which was "visually indistinguishable" from Knievel's signature bike on which he performed his famous

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-15560480258437959692007-07-10T10:54:00.001-07:002007-07-10T10:58:22.092-07:00

I am reprinting several articles which I posted about 10 months ago but which seem to have disappeared from my table of contents:Here's an example of a recent personal injury mediation from a serious car accident (with some details changed to protect the privacy and confidentiality of the parties and the mediation):The parties at the mediation were the injured woman (the plaintiff) and her

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-84805512375943623332007-07-10T08:16:00.000-07:002007-07-10T08:35:45.924-07:00

Mediator and blogger extraordinaire Vickie Pynchon specializes in helping parties resolve their often sophisticated and highly technical IP disputes through alternative dispute resolution means (mediation and arbitration). She, along with her fellow IP mediators, host the new "IP ADR Blog" which I recommend for all attorneys and parties with IP disputes.The articles written by Vickie and her

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-29628318012167069072007-07-09T07:48:00.000-07:002007-07-09T08:18:57.736-07:00

Answer: Yes.As a mediator, I am neutral and not biased in favor of or against either party. And even though I know this, I spend quite a bit of time and effort ensuring that the parties know this from my words as well as my actions.I therefore do whatever I feel is appropriate to maintain my neutral stance to ensure that neither party feels there is an imbalance in my favoritism. I favor all

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-27021090054401417792007-06-20T12:33:00.000-07:002007-07-09T07:47:56.634-07:00

I've been tagged by fellow mediator and blogger Vickie Pynchon (Negotiation Law blog) to post my thoughts on being environmentally conscious - or "green" - as a mediator. This tag started with another fellow mediator Dina Lynch's Mediation Mensch blog.If you're like many people, you may be wondering what mediation has to do with being green. My answer is that it has everything to do with being

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-28387301687067811602007-06-18T07:44:00.000-07:002007-06-18T08:10:26.640-07:00

Mediators rely on the positive recommendations from their mediation participants in order to get new mediation clients. Most mediators simply cross their fingers and hope that their existing and past clients are saying good things about them. This only really works when there are attorneys involved in the case. Attorneys talk to each other about their successful mediations and who they recommend

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-22844774004027528832007-06-03T19:46:00.000-07:002007-06-03T20:03:11.409-07:00

Answer: No.I have pasted below a Question and Answer article which appeared in The San Francisco Chronicle a few weeks ago (but which originally appeared in 2006 since the author Robert Bruss was on vacation). This Q&A helps to explain that an agreement to submit a dispute to binding arbitration does involve waiving the parties' right to a court trial but that submitting a dispute to mediation (

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-18747873588662890662007-05-21T07:22:00.001-07:002007-05-21T07:41:37.199-07:00

Fee disputes between attorneys and their clients can arise when 1) there is no retainer agreement detailing the agreement for services, or 2) the retainer agreement is not clear and results in misunderstandings or 3) there is a disagreement over the services that were or were not performed by the attorney.The State Bar and local Bar Associations have Mandatory Fee Arbitration Programs under which

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com2tag:blogger.com,1999:blog-32917546.post-44937719069922282952007-05-12T17:40:00.000-07:002007-05-12T17:57:10.756-07:00

Labor negotiations have long benefited from the use of mediation to help satisfy the needs of everyone involved and break an impasse.This past week, school teachers and the public school district in Livingston, Missouri made use of mediation to reach an agreement on the terms of the teacher's employment. It is often amazing to me that a dispute that parties have been unable to solve on their own

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-18060004799722636912007-05-08T19:13:00.000-07:002007-05-12T17:40:02.904-07:00

Medical Malpractice lawsuits involve strong emotions on both sides of the case. On one side is the injured and frightened patient whose family is horrified at what the patient has gone through or, in some cases, is dealing with the death of their family member. On the other hand is a hard working, competent doctor with a solid reputation in the community who is frightened of losing his license

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com3tag:blogger.com,1999:blog-32917546.post-58444832359462858442007-05-07T20:55:00.000-07:002007-05-07T21:31:08.443-07:00

I have pasted a short article below which provides a simple but useful explanation of mediation and why it can be a better solution for many people to resolve their disputes. The article - "Finding Middle Ground" - is from the Savannah Morning News out of Georgia and a link to the article is here."SOMETIMES, THE parties in a dispute can work things out more amicably in a less formal

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-3354851512699431502007-04-29T18:29:00.000-07:002007-04-30T07:50:38.560-07:00

I have posted prior articles detailing the differences between arbitration and mediation here and here, with the main difference being who is charged with deciding the outcome. Mediation allows the parties to create a settlement on their own terms with the help of the neutral mediator whereas arbitration involves a decision being made for the parties by the neutral arbitrator after hearing

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-24581949050305519052007-04-22T16:59:00.000-07:002007-04-22T18:16:31.548-07:00

Property disputes can be resolved with less time and money through the use of mediation instead of drawn-out and expensive litigation. While some property disputes arise out of real estate purchase deals, other property disputes have more to do with property use. I mediate (and arbitrate) all types of property disputes and am called on about half of the time to mediate purchase-related disputes

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-60698877795270310802007-04-15T18:36:00.000-07:002007-04-16T12:15:47.240-07:00

The primary goal of mediation is to help the parties resolve their disputes. As a mediator, I do not represent any of the parties or their individual interests; instead, I am neutral, meaning I am not biased toward the interests of any one party over another. That is the job of the attorneys in the case.Although it is the job of the attorneys to promote and protect the interests of their clients,

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-41743675127196418892007-04-10T07:56:00.000-07:002007-04-15T19:37:36.757-07:00

About a quarter of the mediations I conduct are not mediations to resolve litigated disputes but are instead mediations of contract negotiations. In these transactional mediations, there is no actual dispute. In fact, the purpose of the mediation is to prevent an actual dispute from arising, causing the negotiations to break down entirely or to result in litigation.As a mediator, I am hired to

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-27754853966143526552007-04-01T19:07:00.000-07:002007-04-01T19:11:23.833-07:00

I am in the process of moving to a new suite of offices in my building. My regular weekly posts will resume shortly and I plan on posting some pictures of the new mediation space I'm so excited about!! Stay tuned.....

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-36067374151362150522007-03-12T15:01:00.000-07:002007-03-13T16:20:39.152-07:00

I recently came across an article in the San Francisco Chronicle which discusses basic concepts of mediation and arbitration in the context of helping businesses consider ways of minimizing the costs associated with court litigation.I have pasted the full article below and also provide a link to the electronic article at sfgate.com. The February 14, 2007 article by AllBusiness.com is titled: "How

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-15628146746714834892007-03-04T19:14:00.000-08:002007-03-04T19:41:43.180-08:00

Mediators acquire many useful tools in learning to put their natural peacemaking and collaboration skills to good use in the field of mediation. One of the tools is the choice of style.Although there are numerous mediation styles, there are three main ones which most mediators employ, and which many attorneys familiar with mediation are aware of. The three main styles are: Evaluative,

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-12447385173253801502007-02-25T12:35:00.000-08:002007-02-25T13:30:24.194-08:00

As an alum of UC Hastings, I recently had the privilege of participating in a "Small Firm Table Talk" in which dozens of current law students sit down to chat informally and one-on-one with dozens of solo and smaller firm practitioners. The purpose is to allow law students to explore different fields of law as well as alternatives to jumping into large firms which may not provide the career

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-91894765273745102007-02-21T10:21:00.000-08:002007-02-21T10:28:10.676-08:00

This morning I am having fun creating a cartoon version of myself using Yahoo! Avatars. Sometimes we need a bit of comic relief. Try it yourself!

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-17998330527904059542007-02-19T11:12:00.000-08:002007-02-19T17:02:39.591-08:00

In my last post I discussed the fact that more and more contracts have "mandatory mediation" clauses requiring that the parties mediate their disputes before arbitration or litigation can be pursued. What this means is that more people are having to decide whether or when to hire an attorney if they are not planning to file a lawsuit right away but will be mediating the case first.The Question:

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-53307450663084091132007-02-11T18:43:00.000-08:002007-02-11T18:47:49.998-08:00

It is increasingly common to find "mandatory mediation" clauses in contracts. This is true whether the contract is a property purchase agreement, a construction contract or any other business or personal agreement which was put in writing and in which somebody thought to include mediation as a first step in any dispute arising out of the written agreement.When such a provision is included in a

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-36171635339610153862007-02-07T08:41:00.000-08:002007-02-07T09:04:56.269-08:00

As part of my ongoing education as a mediator and also as someone who is interested in communication and negotiation issues in general, I am always reading books and articles to further enhance my own negotiation skills and knowledge. This ongoing education benefits my work as a mediator and as an attorney.I am currently reading William Ury's book "Getting Past No" which was the follow up book to

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-61432993439939704922007-01-31T14:39:00.000-08:002007-01-31T14:55:47.727-08:00

When I first started this blog in August 2006, I didn't have a way to track the number of "hits" to see if anyone was actually reading my articles. And it was clear that looking at the number of "Profile Views" doesn't quite do the trick since return readers generally have no reason to check out my profile when they're checking back for new articles. But I wanted a way of knowing that the

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-90764771334247423572007-01-28T17:47:00.000-08:002007-01-29T06:37:59.184-08:00

In real estate disputes, "Seeking mediation is a condition precedent to the recovery of attorney fees by the party who initiates the action." (Johnson v. Siegel (2000) 84 Cal.App.4th 1087)In California, litigants are expected to pay for their own attorney's fees unless there is a special law or contract provision stating otherwise. And there are special provisions in most real estate purchase

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-75278821721914422992007-01-21T13:26:00.000-08:002007-01-29T11:04:09.992-08:00

I was hired to mediate the termination of a long-term employee from his place of employment. The employer had previously been sued by a former employee and wanted to avoid a repeat performance. But the employer was not sure how to work out an agreeable solution that was fair for both sides and accounted for some errors that had been made by both parties.The employer found my website and

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-8314089706589119842007-01-12T12:32:00.000-08:002007-01-29T11:05:34.222-08:00

It looks like I've been "tagged" by fellow mediation blogger Vickie Pynchon to disclose something personal about myself in her "Five Things You Don't Know About Me" blog tag posting. First, I am the middle child (and only daughter) between two brothers evenly spaced at 3 years younger and 3 years older than I am. There's something about this dynamic about being the middle child and wanting to

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-3368405827079963852007-01-12T08:28:00.001-08:002007-01-12T09:23:16.571-08:00

Answer: Any problem or disagreement you have that involves at least one other person or entity generally can be mediated to find a solution. Even if there is no "legal" remedy, there is often a remedy that can be found through mediation.All of the following types of issues can - and are - resolved through mediation every day: contract disputes, personal injury or wrongful death claims, landlord/

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-33638862300425322632007-01-12T07:20:00.000-08:002007-01-21T12:39:28.948-08:00

In a construction contract dispute, the homeowner and the contractor who was hired to update the kitchen end up having a disagreement over the terms of the contract when the bill comes in $50,000 over what was promised and the work fell far short of the homeowner's satisfaction.What were the homeowner's options when a solution could not be reached through direct discussions and tempers were

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-70860953422928139892007-01-05T08:14:00.000-08:002007-01-05T08:28:49.350-08:00

I have spoken with several individuals in the new year who are uncertain whether to jump right into mediation of their disputes or whether to hire an attorney, start the legal process and then get into mediation. There are other variations of this dilemma as well, including whether to hire attorneys to provide counsel during pre-litigation mediation or not.Just as in mediation, these decisions

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-77914086924505927652006-12-26T16:28:00.000-08:002006-12-26T16:48:57.907-08:00

My family celebrates Christmas and I am fortunate enough to be able to divide my holiday celebrations with the loving family of my spouse as well as with my own family (also loving).We are not the only couple to be dividing the holidays like this and it works quite well, if not perfectly, for us and for our families. Accommodations are made, big celebration dinners are delayed a few days, other

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-90146747751439052482006-12-21T11:30:00.000-08:002006-12-21T12:15:43.597-08:00

Everything said or done in preparation for or during the course of mediation is confidential. So how can mediation participants be assured that the agreements they create in mediation will be enforced? There are several steps, starting with an enforceable settlement agreement.Once agreements are made in mediation, a written settlement agreement is prepared by the parties, their lawyers or the

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-14302825238836734682006-12-16T08:34:00.000-08:002006-12-16T08:38:27.891-08:00

Ramani at Hackosphere has helped me get the "Read More" function to work properly on this blog. This way, readers can get a snippet of information - the "summary" and can decide whether to click the "Read More" link ... ...to read the rest of the article. Since some of my posts include a lot of information, this is a great new tool for me and my readers! Readers can click on "Summary Only" to get

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-72205519969691671952006-12-16T08:30:00.000-08:002007-02-19T17:13:00.739-08:00

Mediation is not anything like a court trial so there will be no testifying, no cross-examination, no objections and no judge to make decisions about your case. This is why I always tell mediation participants to relax because nobody is going to do anything without their permission - it's up to them to decide what happens...In some civil cases, it makes sense for each side to give some sort of

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-63391076078145965172006-12-09T10:25:00.000-08:002006-12-16T12:16:14.523-08:00

I have pasted below a Question and Response regarding mediation that appeared in today's "Home" section of The San Francisco Chronicle."Mediation preferred over court to resolve housing disagreements - Project SentinelSaturday, December 9, 2006Q: The city in which I own rental property has a mediation program to help landlords and tenants resolve housing issues. I support this concept in theory,

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-48202218356546798282006-12-07T18:28:00.000-08:002006-12-16T08:29:45.236-08:00

There are many resources for individuals considering divorce, legal separation or annulments. One source is Nolo Press, which offers basic step-by-step information for the "do-it-yourself" type of people who do not have complicated issues to resolve. Nolo also has an attorney and/or mediator locator function in case doing it yourself is not an option or has not worked out.Another great resource

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-30991826521396689402006-12-07T13:23:00.000-08:002006-12-21T12:11:00.544-08:00

You'll never know if you don't ask.If you are not in a position to ask the other party to consider mediation, talk to your attorney and ask your attorney to suggest mediation to the other side.If you are not represented but the other party is, you could call that attorney and suggest mediation as a way to resolve the matter.If you are not represented, whether the other party is represented or not

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-14725088769148833922006-12-05T11:43:00.000-08:002006-12-16T12:13:26.918-08:00

Because of ethical rules governing mediators as well as attorneys, I cannot be hired as the mediator in a case and then switch roles to act as one party's attorney. Likewise, I cannot be hired as one party's attorney first and then switch roles to act as mediator for the parties. It's one role or the other - never both.As a mediator, I am neutral and not working in one party's favor over the

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-45208306036863650852006-12-04T12:13:00.000-08:002007-01-21T12:40:24.610-08:00

Wiley Miller's "Non Sequitur" comic strip shows a mediator sitting in her office chair with a small table next to her but she is sitting in the middle of a full-size boxing ring. She is speaking to the mediation parties (a man and a woman) and says: "Ok... Since we couldn't reach an agreement in the first phase of mediation, let's move on to phase 2..."Since a boxing match is not a reasonable

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0tag:blogger.com,1999:blog-32917546.post-4871257118792084372006-12-01T09:44:00.000-08:002007-01-21T12:41:43.769-08:00

Answer: It depends on who has the money and what is fair for the parties.In a civil case such as an employment dispute or personal injury case, the parties must agree to some type of allocation of the mediation fees up front. This is because the fees must be paid at least 1-2 weeks before the full day or half day mediation that has been scheduled.Such an allocation is often a straight 50/50

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com1tag:blogger.com,1999:blog-32917546.post-38585450470906476562006-11-28T10:54:00.000-08:002007-01-21T12:42:40.828-08:00

First, you and the other party should try to discuss mediation as an option to resolving your dispute without a lawsuit, or to avoid an upcoming hearing or trial date if a lawsuit is already underway.Second, one or both parties can contact the potential mediator to schedule a date and time for mediation. Third, if one party is hesitant about mediation, the mediator can call the uncertain party (

Paula M. Lawhonhttp://www.blogger.com/profile/06510913147715321221noreply@blogger.com0