by Mark Sarni | Jan 9, 2023 | Articles
Most disputes arise because of a lack of preparation about eventualities. Careful contract drafting contemplates the consequences due to one or both parties failure to perform or, if some third-party event or circumstance arises which affects performance. In sum, the...
by Mark Sarni | Apr 7, 2020 | Articles
It has been a while since I posted a blog so, and as with most of us, I currently have the time to do so given the virus “crisis” that is affecting the world and the “stay home” orders that have been issued. I have learned something valuable...
by Mark Sarni | Sep 26, 2018 | Articles
Recently, I participated in a mediation – as an attorney for a Plaintiff – in a breach of contract dispute where the contract itself, unfortunately, did not have an attorney’s fees provision. My client was absolutely set on recovering the balance owed him...
by Mark Sarni | May 25, 2018 | Articles
There are principally three types or “styles” of mediation and it is important when retaining a mediator to know which style of mediation he or she practices because one style may be better suited to a given fact pattern then another style. The three styles of...
by Mark Sarni | Apr 5, 2018 | Articles
The phrase “win-win” is now a part of American parlance. Most people have a good idea of what the phrase means in that it has to do with both parties in a negotiation or exchange of some kind leaving that completed exchange better off. In that regard, it...
by Mark Sarni | Mar 2, 2018 | Articles
Dispute resolution often involves one party “apologizing” and another “forgiving.” These terms are often misused and/or misunderstood. This prominent UCLA psychiatrist offers what I believe to be a fairly good overview of what the varying...
by Mark Sarni | Feb 9, 2018 | Articles
I have been a civil litigation attorney for longer than I care to admit and I have learned a few things in that time. First, the litigation system is not completely about “truth,” “justice” and the “American way.” It’s also...
by Mark Sarni | Feb 9, 2018 | Articles
Arbitration is a less formal process than going to court to resolve disputes. It involves, usually, one person hired to act as a sort of “private” judge who listens to the evidence of the parties and issues a binding ruling which can later be enforced by...
by Mark Sarni | Feb 5, 2018 | Articles
As human beings, we all have emotions. Emotions are what make us alive and what allow us to appreciate our very existence. Emotions are good things provided they do not overtake our reason. With emotions, like with most everything in life, moderation is the key. ...
by Mark Sarni | Jan 26, 2018 | Articles
Many people think that forcing the other side to make the initial offer in a negotiation is the trick to being a successful negotiator. The logic to this approach to negotiation is that by forcing the other side to make the initial offer, the offeree will learn what...
