mediation

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19 05, 2017

A Real Case of Prisoner’s Dilemma

By | 2017-05-13T07:39:55+00:00 May 19th, 2017|Actual Mediations|0 Comments

One of the first things I Iearned about in game theory was the prisoner’s dilemma. As explained in Wikipedia, this theory was developed in 1950 by Merrill Flood and Melvin Dresher while working at the RAND corporation. It explains why two rational beings may not cooperate even though it is in their best interests to [...]

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 [...]

28 04, 2017

You Decide!

By | 2017-05-13T07:40:01+00:00 April 28th, 2017|Actual Mediations|0 Comments

While everyone agrees that it is always best to have the actual parties and counsel physically present at a mediation, this is not always possible. Often, the plaintiff may appear by telephone and at times, I may not even be able to speak to the plaintiff but only to her counsel sitting in my conference [...]

14 04, 2017

Some More Truths About Alternative Facts

By | 2017-05-13T07:40:09+00:00 April 14th, 2017|News articles|0 Comments

If you have not yet figured it out, this notion of “alternative facts” intrigues me. (This is my third blog about it!) I think it is because as a mediator, I witness “alternative facts” quite frequently. No party is “lying” to me; in telling her story to me, she is simply telling me the “facts” as [...]

24 02, 2017

Will A Case Be Codified As Law?

By | 2017-05-13T07:40:39+00:00 February 24th, 2017|Legislature|0 Comments

In the context of a marital dissolution proceeding, is there (or should there be) an exception to mediation confidentiality (California Evidence Code section 1119) for financial disclosures “prepared for the purpose of” and used “in the course of … the mediation?” (Evidence Code section 1119). The Legislature believes so; On February 1, 2017, Senator Wieckowski [...]

27 01, 2017

Emotions Do Carryover

By | 2017-05-13T07:40:56+00:00 January 27th, 2017|Negotiation Strategy|0 Comments

I saw a blog on the Program on Negotiation (PON) at Harvard Law School’s web page written by its staff (January 12, 2017) entitled “How Mood Affects Negotiators”. It caught my attention because I had just witnessed this effect in two of my mediations. Recently, I held two mediations on the same day- one in [...]

22 12, 2016

Stepping Outside of Ourselves

By | 2017-05-13T07:41:13+00:00 December 22nd, 2016|Actual Mediations|0 Comments

Not everyone lives the way we do. And just because someone may do things very differently than we might does not mean that what he alleges as happening is false. In social psychology circles, this tendency to discount others who do not share our world view is called “naïve realism” which according to Wikipedia (https://en.wikipedia.org/wiki/Na%C3%AFve_realism_(psychology) [...]