News articles

6 09, 2019

Reminder: State Bar Proposal to Allow Non-Attorneys to Practice Law

By |2019-09-05T12:30:32-08:00September 6th, 2019|News articles|0 Comments

Several weeks ago, I wrote about the proposal by the State Bar to allow non-lawyers to practice law. More specifically, the proposal under the rubric allowing access to justice for more members of society include: Narrowing restrictions on the unauthorized practice of law (UPL) to allow persons or businesses other than a lawyer or law [...]

23 08, 2019

Apologies Are Not for Everyone!

By |2019-08-05T16:23:32-08:00August 23rd, 2019|News articles|0 Comments

In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated. Indeed, books have even been written on the use and power of an apology. (See for example: On Apology by Aaron Lazare). I have even advocated its use in some of my [...]

5 07, 2019

The Slippery Slope of Negotiations!

By |2019-06-17T16:39:05-08:00July 5th, 2019|News articles|0 Comments

Every so often, I glance at the blog posts on the Program on Negotiation at Harvard Law School website and one caught my eye. It is  entitled “Ethics in Negotiations: How to Deal with Deception at the Bargaining Table”  written by the PON staff and posted on June 11, 2019.   I found it interesting since [...]

21 06, 2019

Starting With the Small Stuff

By |2019-06-04T13:33:35-08:00June 21st, 2019|News articles|0 Comments

In my early training to be a mediator, the trainer often suggested that to help the parties reach an agreement on the really big issues, start with the small ones. Discuss the easy issues first and obtain agreement on those. This will build momentum and a sense that resolution is possible. Once the parties find [...]

4 06, 2019

U. S. Supreme Court holds filing claim with EEOC/ State agency is not jurisdictional

By |2019-06-04T11:23:50-08:00June 4th, 2019|News articles|0 Comments

NEWS FLASH !!!! Bloomburg news just published an article stating that the U. S. Supreme Court has held in  Fort Bend County, Texas v Davis  (Case no. 18-525)   that the filing a claim of  bias with either the EEOC or the applicable state agency prior to filing suit is NOT jurisdictional. Thus, an employer can [...]

24 05, 2019

Overconfident: It is Always Better to Settle!

By |2019-05-07T16:01:30-08:00May 24th, 2019|News articles|0 Comments

Several years ago, I read about a study which showed that lawyers tended to be overconfident in winning at trial.  The study (Insightful or Wishful: Lawyers’ Ability to Predict Case Outcomes by Jane Goodman-Delahunty, Maria Hartwig, Pär Anders Granhag and Elizabeth F. Loftus, published in 16 Psychology, Public Policy, and Law, 133-157,  No. 2, (2010) [...]

26 04, 2019

Should “Hostility” Be in my Toolbox?

By |2019-04-10T16:11:03-08:00April 26th, 2019|News articles|0 Comments

The Cambridge online dictionary defines “mediator” as “…a  person who tries to end a disagreement by helping the two sides to talk about and agree on a solution.” Implied in this is that the mediator will be kind, helpful, friendly, respectful, and any other positive trait necessary to build trust and a relationship with the parties. The adage that “you catch more [...]