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15 04, 2016

Liberating the Sections

By | 2017-05-13T07:43:07+00:00 April 15th, 2016|New Articles|0 Comments

(Spoiler Alert: This week's blog has nothing to do with mediation!) As the then chair and now the immediate past chair of the California State Bar ADR committee, I have had the pleasure of meeting and getting to know Joanna Mendoza, a trustee on the Board of Trustees and liaison to the ADR Committee. (Thank you Joanna [...]

11 03, 2016

“Puffing” and the California State Bar

By | 2017-05-13T07:43:20+00:00 March 11th, 2016|Negotiating, New Articles, Research|0 Comments

In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer’s Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged to be during a negotiation [...]

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 [...]

19 06, 2015

Are You In Awe?

By | 2017-05-13T07:45:15+00:00 June 19th, 2015|New Articles, Research|0 Comments

Are you in awe? Probably not… but, according to a recent article in the Sunday New York Times (“Why Do We Experience Awe? “By Paul Piff and Dacher Keltner-May 24, 2015), we should be. According to research to be published in the June issue of the Journal of Personality and Social Psychology, “…awe is the [...]

15 05, 2015

Beyond “Being Difficult”!

By | 2017-05-13T07:45:41+00:00 May 15th, 2015|Negotiation, New Articles|0 Comments

Recently I read an article about two lawyers assaulting each other during a deposition being conducted in the courthouse. The article, dated April 30, 2015 and printed in NorthJersey.com explains: Two attorneys were arrested and charged with simple assault on Wednesday after they got into a heated dispute that turned into a fist fight at [...]

13 02, 2015

Is Conflict Like Driving?

By | 2017-05-13T07:46:30+00:00 February 13th, 2015|New Articles|0 Comments

Recently, the Kluwer Mediation Blog posted an interesting discussion about the cognitive biases at play during a dispute. What caught my interest is that the author- Charlie Irvine- used the example of driving to make his point. In his blog entitled, “What Mediators Know (Or Can’t Help Noticing) about Conflict"  he discusses the cognitive bias [...]

1 03, 2013

Compelling Mediation

By | 2017-05-13T07:32:38+00:00 March 1st, 2013|New Articles|Comments Off on Compelling Mediation

On January 11, 2013, I posted a blog entitled "A Mediator's Wish List" which discussed a letter to Santa Claus in which the author, a mediator, asked for three gifts: perspective and understanding; empathy and connection; and forgiveness and healing. (a-mediators-wish-list ) The letter appeared in the January 2013 issue of the Indian Arbitrator. (Santa [...]

15 02, 2013

Forgiveness

By | 2017-05-13T07:32:48+00:00 February 15th, 2013|New Articles|Comments Off on Forgiveness

The Sunday New York Times Magazine of January 6, 2013 published an interesting article on restorative justice entitled; " Can Forgiveness play a role in criminal justice?" by Paul Tullis.(can-forgiveness-play-a-role-in-criminal-justice.html?_r=1&&pagewanted=all ) The article chronicles the highly unusual approach taken by the victim's parents in the prosecution of the wrongdoer. The wrongdoer, Conor McBride, had been [...]