Bruce Friedman

Bruce Friedman
Bruce Friedman is an experienced mediator and arbitrator with over 35 years of complex litigation experience in the areas of insurance, financial services, professional liability, business, real estate, entertainment and consumer and securities class actions. His mediation philosophy is to provide an evaluative analysis within the context of a facilitative process. Bruce’s approach to arbitration is to make the process as efficient as possible resulting in a principled decision based on the facts and law.

The Initial Demand Sets The Course

In an informal survey of mediators, I have found that our collective experience is universal –the initial demand is extraordinarily high, bears no relationship whatsoever to the verdict potential of the case and is usually counterproductive to the mediation...

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The Biology of Decision-Making

It is a common understanding among trial lawyers that decisions are made emotionally and not rationally. We are always looking for the emotional hook on which to hang the case and sway a jury to see the case through that emotional prism. Now science is teaching us...

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The Antidote to the Spiteful Litigant

We have all encountered the spiteful litigant. Maybe it’s the husband in a divorce who says that he is going to Las Vegas and putting the marital estate on red or black at the roulette wheel. If he wins he will split it with his ex; if he loses, neither of them get...

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The Ethical Neutral (in California)

I have encountered some confusion among lawyers and mediators over conflict of interest and disclosure requirements applicable to mediators in California.  Some say there are no requirements at all.  Others say that there are rules requiring...

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Another Impasse Buster for Your Consideration

You have reviewed and analyzed the mediation briefs and the parties have disclosed prior settlement negotiations and where they would like to end up at the conclusion of the mediation; or the parties disclose to you during the course of early caucus meetings what they...

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Winning at Mediation

A famous trial lawyer welcomed his junior partner back from a hard fought trial.  The lawyer congratulated his mentee on her win at trial.  The junior partner responded that, “you must be mistaken, I lost at trial.  The jury returned a verdict against...

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Impasse — A Mediator’s Opportunity

The mediation has gone on for hours.   The parties have negotiated slowly and methodically, but remain far apart.  The negotiations are not in the “zone of agreement,” the mediator’s term for closing in on a settlement amount.  The negotiations...

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What It Takes to Settle

After the evaluative method has been exhausted, and the parties have narrowed the gap between them, the question on the table is what does it take to settle the case.  Should the party with the stronger case, make a final effort to bridge the gap?  Is there...

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Online Mediation – Press Delete

As you might be aware, there is a LinkedIn Group dedicated to Online Dispute Resolution, featuring announcements of conferences on online mediation and blogs on new products that will revolutionize technology assisted dispute resolution. This group is just the latest...

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