26 07, 2019

California State Bar Proposes Allowing Non-Lawyers to Practice Law

By |2019-07-23T16:20:25-07:00July 26th, 2019|Odd stuff, Uncategorized|0 Comments

In 2018, the Board of Trustees of the State Bar of California received a Legal Market Landscape Report  (commissioned by the Bar) (“Report”) to study the ever changing market for legal services. What the study found is that while the wealthy can afford legal services, the less well advantaged cannot. That is,  “…a growing proportion [...]

27 11, 2018

Every Dispute is Two Disputes.

By |2018-11-12T16:25:45-07:00November 27th, 2018|Mediations, Uncategorized|0 Comments

Several weeks ago, I attended the annual fall conference of the Southern California Mediation Association (SCMA).   While all the sessions were very good, one of them on emotional intelligence (presented by Harold Coleman, Jr. Esq, Debra Dupree MFT, Psy.D., and Matt Argue, Esq. entitled “The Modern Mediator: Interplay of Psychology and Mediation Strategy”)  got me [...]

16 06, 2017

Aren’t My Notes Confidential?

By |2017-05-30T15:36:39-07:00June 16th, 2017|Court Cases, Uncategorized|1 Comment

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, [...]

27 05, 2016

Impasse Leads to Compromise

By |2016-05-24T15:14:33-07:00May 27th, 2016|Court Cases, Uncategorized|0 Comments

With the fast approaching end of the United States Supreme Court’s 2015-2016 term, the Supreme Court has been (and will be) issuing a flurry of decisions. One of them caught my attention because unlike all of its other decisions, it did not decide the matter but rather suggested engaging in alternative dispute resolution (ADR). In Zubik [...]

8 04, 2016

Civility in Litigation: What a Novel Concept!

By |2017-05-13T07:43:12-07:00April 8th, 2016|Uncategorized|0 Comments

Don’t ask me why but I was roaming around the Official California Legislative Information web site searching for any new bills dealing with mediation and/or arbitration when I stumbled across SB 1256: An act to add Section 314  to California’s Code of Civil Procedure relating to civil law (pun intended?). Called “The Civility in Litigation [...]

3 03, 2016

Sidestepping Mediation Confidentiality

By |2017-05-13T07:43:25-07:00March 3rd, 2016|Uncategorized|0 Comments

Once again, the Ninth Circuit has sidestepped discussing the contours of mediation confidentiality in federal lawsuits based on diversity jurisdiction. In an unpublished (and thus not having precedential value) Memorandum  (Milhouseopinion ) affirming the trial court judgment, the appellate court held that Dr. and Mrs. Milhouse waived their claim of mediation confidentiality by not raising it as [...]

8 01, 2016

Changing Our Habits !

By |2015-12-14T16:25:23-07:00January 8th, 2016|Research, Uncategorized|0 Comments

The end of 2015 has occurred and with the start of 2016, many of us will make one or more resolutions to do something different, e.g. lose weight, get more exercise, or change our life in some small or not so small way. For the first few weeks of 2016, we will keep our New Year’s resolutions [...]