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12 05, 2017

What is your Goal?

By | 2017-05-13T07:39:55+00:00 May 12th, 2017|Conflict resolution|0 Comments

I just obtained a teaching position as a Lecturer of Law (aka adjunct professor) at University of Southern California Gould School of Law teaching the mediation ethics portion of an ADR Ethics class. One of the issues we will be discussing is the conflicting goals of the participants (that is, the parties, their attorneys, and [...]

5 05, 2017

Jack and Jill Go Up a Hill… And Argued No More (Part 2!)

By | 2017-05-13T07:39:56+00:00 May 5th, 2017|Conflict resolution|0 Comments

Several weeks ago, I posted a blog discussing two “lures of the Tribal Mind” set out by Daniel Shapiro in his recent book “Negotiating the Nonnegotiable.” (Viking 2016).  Those lures- Vertigo and Repetition Compulsion- struck me as the most common and ones to which we all can easily relate. However, there are others- Taboos (Id. [...]

28 10, 2016

Different Ways of Looking at the Same Thing!

By | 2017-05-13T07:41:41+00:00 October 28th, 2016|Conflict resolution|0 Comments

I attended the California State Bar Conference a few weeks ago. One of the panels, entitled Ten Common Mistakes in Mediation and How to Avoid Them, was presented by several speakers including Steve Mehta and Doug Noll. Both Messrs. Mehta and Noll discussed the neuroscience/ psychology involved in what it takes to resolve conflicts. Initially, [...]

23 10, 2015


By | 2017-05-13T07:44:20+00:00 October 23rd, 2015|Conflict resolution, News articles|0 Comments

Often, during a mediation, I will ask a party, "What will it take to resolve this dispute? "  Every once in a while, I am met with silence or a blank look. Why? I suspect it is because she really has not had the “quiet” time to reflect. Like everyone else in today’s world, the party was [...]

9 10, 2015

The Upside of Anger

By | 2017-05-13T07:44:30+00:00 October 9th, 2015|Conflict resolution, New Articles, Research|0 Comments

In most disputes, when people get angry- it is a bad sign! It usually means that the dispute will NOT get resolved, and that one or the other party will leave in a huff.  Indeed, neuroscience teaches us that when the  parts of our brain  that control our emotions are operating in full force, there is [...]

25 09, 2015

Mediations are supposed to be confidential… but are they really?

By | 2017-05-13T07:44:35+00:00 September 25th, 2015|Conflict resolution, Featured Articles, Mediation|0 Comments

Previously published in the September 2015 issue of "Advocate" Magazine, Pages 44-55 The September 2015 issue of  Advocate (Journal of Consumer Attorneys Associations for Southern California) focuses  on ADR-Choice is Good.  I am privileged to contribute an article on mediation confidentiality and re-print it here. It may be found at pages 44-55 of this [...]

18 09, 2015

Second Thoughts on Mediation Confidentiality

By | 2017-05-13T07:44:40+00:00 September 18th, 2015|Conflict resolution, Mediation|0 Comments

 Recently, I posted a blog about the August 2015 meeting of the California Law Revision Commission (CLRC) in which as part of its study on the “Relationship between Mediation Confidentiality and Attorney Malpractice and Other Misconduct " (Study K-402), the Commission requested that Staff Counsel draft legislation to include exceptions to mediation confidentiality. Specifically, and in [...]

23 11, 2012

Two Critical Questions

By | 2017-05-13T07:33:34+00:00 November 23rd, 2012|Conflict resolution|Comments Off on Two Critical Questions

On November 3, 2012, the Southern California Mediation Association held its annual conference. I was asked to address two important points to mediators who are NOT attorneys as part of a Los Angeles County Superior Court approved program for non- attorneys who wish to be on its panel of mediators. The points are: The value [...]