Latest from Jonah Orlofsky Blog - Page 2

In Koehn v. Tobias, 866 F.3d 750 (7th Cir. 2017), the Seventh Circuit upheld the imposition of a monetary sanction against the defendants for conduct in a mediation, even though Defendants prevailed at trial. Here’s what happened: Round One: In a mediation before the Magistrate Judge, Defendants made a final offer of $75,000. Plaintiff rejected …
Continue Reading Sanctionable Bad Faith In A Court-Run Mediation

The facts are a bit extreme, but the legal principle is quite interesting. While plaintiff and defendant were in the middle of a California-based no-holds-barred legal battle, plaintiff reported defendant to criminal authorities in Oregon, which led to the issuance of an arrest warrant in Oregon. The Oregon police, however, were reluctant to arrest the defendant in …
Continue Reading Sabotaging Mediation Constitutes “Unclean Hands”

A recent ABA task force did a comprehensive review of studies examining whether the following mediation techniques were helpful or harmful: pressing or directive actions or approaches; offering recommendations, suggestions, evaluations, or opinions; eliciting disputants’ suggestions or solutions; addressing disputants’ emotions, relationships, or hostility; working to build rapport and trust, expressing empathy, structuring the agenda, …
Continue Reading What Are the Best Techniques a Mediator Can Use?

In Chodosh v. Trotter, No. 70952-53 (Cal.App. 2017), Plaintiffs alleged that a mediator affiliated with JAMS said during a mediation that Defendant’s offer was “a gift,” and if Plaintiff did not accept, the mediator would report to the judge presiding over the case that Plaintiff was the reason for the failure to settle.  Plaintiffs further alleged …
Continue Reading Can You Sue a Mediator?