As a mediator and labor and employment attorney, I’ve worked with thousands of lawyers, each with their own distinct style and approach to dispute resolution. Despite many differences, there are some commonalities I’ve seen over the years. I write about some of these topics here, in hopes of passing on some of the things I have learned from many talented lawyers I work with.
In a mediation, the opening moves often set the tone for the journey towards resolution. As an employment mediator, I have witnessed firsthand the strategic deployment of high and low opening offers—a tactic as common as it is controversial. Through this lens, I aim to demystify the rationale behind such anchoring strategies, explore their dual-edged […]
I am often asked the question as to which I prefer, remote vs. in-person mediation? While I do both, the landscape of mediation has significantly transformed in recent years, especially in my practice as an employment and wage and hour mediator, where over 80% of mediations are now conducted remotely. This shift was first initiated
As a wage and hour mediator, I have run across a number of cases where the defendant-employer’s approach to settlement discussions is largely reliant on the claim that there is no money to recover. This blog post explores the rationale and considerations behind these situations as well as some guidance from my experience as a
In the intricate realm of employment law, wage and hour class actions stand out for their complexity and the significant impact they can have on both businesses and employees. These disputes often involve nuanced interpretations of labor laws, with both sides vehemently defending their stance. In such a landscape, finding a path to resolution that
Introduction to Mediation Mediation, a form of alternative dispute resolution, has gained prominence due to its effectiveness in resolving conflicts amicably. This method involves a neutral third party, known as a mediator, who facilitates communication between the disputing parties to reach a mutually acceptable solution. Unlike litigation, mediation is less formal, more flexible, and can
Having experienced the legal world as both a litigator and now as a mediator, I’m often asked for my opinion on what parties can do to best prepare for a successful mediation. In addition to the obvious of becoming the expert on the facts and the law as they pertain to your case, I’ve come
Before law school, longtime employment litigator Monique Ngo-Bonnici spent a year and a half studying at Peking University in China, where haggling over the price of just about everything was commonplace. “When I lived in China, you’d go to a restaurant, and there would be menu prices, but after you ate your meal, you would
Mediation is a popular method of resolving disputes, as it allows parties to come to a mutually acceptable resolution without the need for a costly and time-consuming court battle. However, choosing the right mediator is crucial to the success of the mediation process. Here are some tips I’ve gathered from many of the attorneys I
