In Early Mediation, Negotiate With Empathy, Not Threats

By Sidney Kanazawa (April 7, 2022, 5:17 PM EDT) -- On March 30, Los Angeles Superior Court Presiding Judge Eric Taylor announced an expansion of an early resolution employment case pilot program.

The program encourages resolution of employment cases through early virtual mandatory settlement conferences. Other courts have similarly encouraged early settlement conferences and mediations to relieve their crowded dockets of their COVID-19 backlog.

These early settlement conferences, mediations and negotiations will require a different mindset. Quite commonly, we negotiate with hard bargaining threats and disrespect for the opposition, only focusing on how our side is right and will win at trial or arbitration.

Our threats are intended to make the...

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