Morality and “moral” politics seem to be in the news lately. I came upon an article in the Science and Technology section of The Economist (June 22, 2017 edition) discussing “political morality”. Noting that this may be an oxymoron, the article discusses studies showing that politicians who take a position and then change their minds [...]
Have you ever asked yourself, “What if I had taken a different route? Then I would not have been involved in the auto accident?” Or, “what if I had left the house five minutes earlier, I would have made the flight, and not missed it?” What if…., then life would have happened differently? [...]
The Sunday Review section of the New York Times had another interesting article on cognitive biases in its May 27, 2017 edition entitled “You’re Not Going to Change Your Mind” By Ben Tappin, Leslie Van Der Leer and Ryan McKay. Using the present political climate as a beginning point, the authors note that many of [...]
On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for "legal malpractice" occurring in a mediation context. All public comments should [...]
In its Smarter Living section on May 22, 2017, the New York Times published an article by Kristin Wong on cognitive dissonance entitled “Why It’s So Hard to Admit You’re Wrong.”. The article actually explains the confirmation bias that we all have, but I am getting ahead of myself. First, what is “cognitive dissonance? As [...]
I stumbled across an article about a case filed in court, Jane Doe v Proskauer Rose LLP., U.S. District Court (D. C.), case No. 1:17-cv-00910-ABJ, that absolutely intrigues me as a mediator. Using the pseudonym Jane Doe, a female partner in the law firm's District of Columbia office sued the firm for gender discrimination, claiming, [...]
A few weeks ago, I posted a blog about a subrogation matter which I mediated. The facts were not complicated: A homeowner parked her vehicle in her garage in her home and the next thing she knew, the garage caught fire and there was extensive smoke damage throughout the house. After paying out on the [...]
On May 30, 2017, Chief Deputy Counsel Barbara Gaal, Esq. posted Memorandum 2017-30 containing most probably the final draft of the Tentative Recommendation of the CLRC on its study to create an exception to mediation confidentiality (Study K-402). While one or two issues remain for discussion at its June 8, 2017 meeting, the Commissioners [...]