Not unlike many mediations, the parties were far apart, and the gap was closing at a snail’s pace. Up to that point, neither side had disclosed their desired outcome except in general terms – Plaintiff wants as much as possible. Defendant wants to pay as little as possible. Then, defendant’s counsel took a surprising tack:

“I have authorization to settle the case up to $150,000. I’d like to keep it under that. Can you help me get there?”

     What just happened? A moment ago I was a free agent. Now, apparently, I had been enlisted to support the defendant’s goal. By bringing the mediator closer, revealing a confidence, and giving the mediator her trust, the attorney drew upon the mediator’s natural inclination to want to help solve her problem.

     This is a great strategy in mediation. On the one side, there was no specific direction. On the other side was a clear destination. With a fixed and not unreasonable goal, mediators have something to work towards.

     The negotiations continued but the gap narrowed much more quickly than it would have otherwise. Of course, the case settled for slightly more than the defendant’s stated goal, but even the defendant knew that was going to happen.

David Geffen is a...
ADA Mediator •  Reasonable Accommodation Mediator • FEHA Mediator •  FHA Mediator • Employment & Housing Mediator • Wage & Hour Mediator • IDEA Mediator • Serious Personal Injury Mediator • Contract Dispute Mediator • Civil Rights Mediator • Real Property Mediator • Partnership Disputes Mediator • Business Disputes Mediator • ADA Expert • Reasonable Accommodation Expert  

Typically, I wouldn't request that I speak to clients apart from their attorney, but this time I asked the attorney for permission and he strongly encouraged it. That's one of the the great things about mediation - it allows room for intuition and common sense.    

The wife had been silent and supportive of her vigilant husband in front of counsel. When I talked to the husband and wife alone, it was clear to me that the biggest conflict was between them.

     I began by telling them I knew that there was no amount of money that would make up for the wrong that they had suffered. The wife cried and expressed gratitude for this acknowledgment, saying,. "No one has ever said that to us before." Then, resolutely, but gently, she told her husband it was time to let go, that this five year struggle had cost their family enough. He prepared to argue, but then, understanding at last, sighed deeply and deferred to her.

     I was able to settle the case within the next half hour.

David Geffen is a...
ADA Mediator •  Reasonable Accommodation Mediator • FEHA Mediator •  FHA Mediator • Employment & Housing Mediator • Wage & Hour Mediator • IDEA Mediator • Serious Personal Injury Mediator • Contract Dispute Mediator • Civil Rights Mediator • Real Property Mediator • Partnership Disputes Mediator • Business Disputes Mediator • ADA Expert • Reasonable Accommodation Expert 

David Geffen handled a complicated, business dispute mediation for my client. The case involved a substantial amount of money, the transfer of an active business and consequences at stake for both sides.

Mr. Geffen took his time and got a feel for all the moving parts and the financial impediments to settlement. He got us to an intelligent, thoughtful solution that made complete business sense.    

Mr. Geffen also dealt with some personal goals that were important to my client that I had somewhat disregarded being focused on the financial issues. My client tells me that he left the mediation with the belief his needs were listened to and that he was impressed with Mr. Geffen and Mr. Geffen's work on his case, including Mr. Geffen's sensitivity to his requirements and his personal goals. Mr. Geffen got this case settled just before trail. I didn't think it would be possible. He saved my client money and the stress and uncertain exposure of trial.

- Santa Monica Attorney

*Editor's Note 1: I would definitely hire this guy.
*Editor's Note 2: Thank you to the Santa Monica Bar Association for this introduction. http://smba.net/

David Geffen is a...
ADA Mediator •  Reasonable Accommodation Mediator • FEHA Mediator •  FHA Mediator • Employment & Housing Mediator • Wage & Hour Mediator • IDEA Mediator • Serious Personal Injury Mediator • Contract Dispute Mediator • Civil Rights Mediator • Real Property Mediator • Partnership Disputes Mediator • Business Disputes Mediator • ADA Expert • Reasonable Accommodation Expert  

Knock, knock...

Who's there?

The ADA Mediator.

Oh, it's David Geffen.


Mediations are challenging enough without having to educate the mediator on the law and application.

After litigating discrimination claims for 30 years, about a third of the mediations for which I am selected involve issues of the Americans With Disabilities Act, or Housing Discrimination. In fact, few mediators in the country have more experience getting these types of cases resolved.

"Don't Think Twice" is a great Dylan song, and good policy when selecting an ADA mediator. As the late great LC said, "I'm Your Man."

David Geffen is a...
ADA Mediator •  Reasonable Accommodation Mediator • FEHA Mediator •  FHA Mediator • Employment & Housing Mediator • Wage & Hour Mediator • IDEA Mediator • Serious Personal Injury Mediator • Contract Dispute Mediator • Civil Rights Mediator • Real Property Mediator • Partnership Disputes Mediator • Business Disputes Mediator • ADA Expert • Reasonable Accommodation Expert  

I will be a panelist with many prominent ADR masters and sitting judges on the Global Pound Conference Series event in Los Angeles hosted by USC on March 16th.  Launched in Singapore in March of 2016 and finishing in London in 2017, the GPC Series is a not-for-profit global project with the theme of “Shaping the Future of Dispute Resolution & Access to Justice.”

I inquired with the organizing group and as a panelist, they agreed to offer a registration discount to my contacts.  You, and anyone in your group can register at the Early Bird rate (even though it has already expired – just select that option when you register), a $75 discount. 

Currently scheduled to take place in 40 cities across 31 countries, these conferences will provoke debate on existing ADR tools and techniques, stimulate new ideas, and generate actionable data on what dispute resolution users actually need and want, both locally and globally.

Because California has always been on the leading edge of innovation in ADR work and in developing commercial mediation, our input into this global project is important, and will carry a lot of weight in the final policy recommendations that come out of the global report.

Named for Dean Roscoe Pound (Harvard and UCLA law schools), the results of the GPC Series will be used to produce a global report that will examine the current status of ADR and access to justice around the world. 

Judge Dorothy Nelson (ret.), will be our key note speaker. I hope you will join us for a very different, and wonderful event.

Global Pound Conference: Los Angeles 2017
6.5 Hours of CA MCLE Credit                                                         Thursday, March 16,2017
8:00 AM - 6:15 PM     
                                  
USC Gould School of Law                                                                699  Exposition Blvd., Los Angeles, CA 90089

Register: http://losangeles2017.globalpoundconference.org/attend/register-here#.WI-xb1MrKpo

David Geffen is a...
ADA Mediator •  Reasonable Accommodation Mediator • FEHA Mediator •  FHA Mediator • Employment & Housing Mediator • Wage & Hour Mediator • IDEA Mediator • Serious Personal Injury Mediator • Contract Dispute Mediator • Civil Rights Mediator • Real Property Mediator • Partnership Disputes Mediator • Business Disputes Mediator • ADA Expert • Reasonable Accommodation Expert  

The plaintiff came to the mediation with a slamdunk case on liability and damages. The defendant came outraged at the sham lawsuit and vowing to take it to trial. Within two hours, the case was settled and both sides left relieved and happy.

   When I begin a mediation, I explain that, "Today is Mediation Day. It's a vacation from litigation." On Mediation Day, both sides put down their weapons and agree to let their Mediator lead their search for common ground.

   Everyone wants the same thing - that is, for the litigation to end – they just don't see how to get there. That's why they'll follow a Mediator with the vision to lead them.

   Don't wait. Make your holiday plans today!

David Geffen is a...
ADA Mediator •  Reasonable Accommodation Mediator • FEHA Mediator •  FHA Mediator • Employment & Housing Mediator • Wage & Hour Mediator • IDEA Mediator • Serious Personal Injury Mediator • Contract Dispute Mediator • Civil Rights Mediator • Real Property Mediator • Partnership Disputes Mediator • Business Disputes Mediator • ADA Expert • Reasonable Accommodation Expert  

Mr. Geffen recently mediated a premises liability case I was defending. Mr. Geffen was savant on the facts and law. The parties did not agree on anything. Surprise. Lol.
     And the parties were very far apart at the outset, requiring significant movement by both sides. Mr. Geffen employed a reasonable and pragmatic approach to quickly bridging this gap while allowing each side to maintain balance with its position. I would strongly recommend Mr. Geffen to other litigators as a mediator.
      ---
Mark Lowary   January 6, 2017
Berman, Berman, Berman, Schneider & Lowary LLP
*Note from DG: I agree and thanks.

I feel blessed for where I live, and how I live. That is why I spend over 100 hours a year giving service as a board member to two nonprofit organizations that make the world more beautiful, and more just.

Art Trek’s classroom and community art experiences immerse children in the self enhancing world of creativity – children who would not otherwise know their unbelievable potential.

The Westside Center for Independent Living connects people with disabilities, new or long-term, to the resources, training and advocacy tools they will use to build a self-determined life. WCIL’s vision is to achieve a world where everyone’s voice and value is recognized and there are no barriers to living a full life.

It’s Annual Appeal time and I hope that you will open your hearts and wallets to these excellent causes.

http://arttrek.org/donate/
http://www.wcil.org/about/donate/

I feel blessed for where I live, and how I live. That is why I spend over 100 hours a year giving service as a board member to two nonprofit organizations that make the world more beautiful, and more just.

Art Trek’s classroom and community art experiences immerse children in the self enhancing world of creativity – children who would not otherwise know their unbelievable potential.

The Westside Center for Independent Living connects people with disabilities, new or long-term, to the resources, training and advocacy tools they will use to build a self-determined life. WCIL’s vision is to achieve a world where everyone’s voice and value is recognized and there are no barriers to living a full life.

It’s Annual Appeal time and I hope that you will open your hearts and wallets to these excellent causes.

http://arttrek.org/donate/
http://www.wcil.org/about/donate/

The illustrations above remind us that more than one thing can be true at the same time, depending on perspective.

Marcus Aurelius wrote,
    Reject your sense of injury and the injury itself disappears.

If this were easily done, there would be far fewer mediations. Instead, mediators must be students of perception, the attorneys’, the clients’, the court’s, and their own. When mediators help the participants see through the eyes of others, or experience the facts in another way, it cracks their rigid faith in their own point of view.

And, as the late Leonard Cohen would say,
    That’s how the light gets in.