16 06, 2017

Aren’t My Notes Confidential?

By |2017-05-30T15:36:39+00:00June 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+00:00May 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+00:00April 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+00:00March 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 In an unpublished (and thus not having precedential value) Memorandum  (Milhouseopinion ) affirming the trial court judgment, the appellate court held that Dr.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+00:00January 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 [...]

7 08, 2009

Never Assume

By |2017-05-13T07:38:08+00:00August 7th, 2009|Actual Mediations, Uncategorized|0 Comments

Last week, I mediated a very contentious dispute that was fueled by a misassumption. Only late in the mediation did the parties realize the existence of the misassumption. In the words of our President, it became a “teachable moment.” The teaching: never assume. The dispute was simple. A homeowner suffered a fire loss and so [...]