Abstract: The suspension of the in-person attendance requirement for mediations has resulted in remote mediations becoming the norm. Many parties and attorneys have expressed satisfaction with this remote process. The result is that it is now often difficult to get decision-makers present in person.

Browsing the internet for inspiration, I came upon an article in Live Science concerning quantum physics entitled “Does reality exist when we’re not looking” by Paul Sutter. By way of introduction, the author notes:

People often ask me to spell out the difference between accommodating and avoiding. Or, as some say: “Accommodating is an easy way to avoid, since you can quickly remove yourself from the situation by giving in to the other person. So what’s the difference?”

Team work lies beneath negotiated solutions of complex problems. This article focuses on Pele who is regarded as the greatest soccer player of all times. No team sport evokes the intuitive drive for team work as soccer, where all eleven players of a team must cooperate.

In a former life, I was a soccer player. It all began in 1970, some 40 years ago. I was 14 at the time when a friend asked whether I was going to go out for football, soccer or something else as I entered high school. Mostly out of fear of having my 5’8” frame crunched beyond recognition, I chose soccer.

The other day I conducted a mediation between a non-English speaking plaintiff and a used car dealer. The issue was whether the dealer had misrepresented certain aspects of the sale to the plaintiff. We were well on the way to settling the matter when the issue of attorneys’ fees came up.