Is Mediation the Practice of Law?

You might consider this a strange question since the definition of “mediation” is “a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement” (California Evidence Code  1115(a)). Notice that the operable words are “neutral” and “facilitate.” These [Read More]

By |July 11th, 2025|Court Cases|

Mediation as an Agent for Change

In teaching mediation, I discuss the notion that mediation is a process of change, and like all changes, it takes time. It is often a slow process because it entails transformation. The mediation session is a transformation: it transforms one’s thinking. A party will walk into the session thinking one [Read More]

The Sound of Silence!

The Sound of Silence is a song written by  and released in 1964  by Simon and Garfunkel. It was used  in the movie, The Graduate. Its lyrics include the phrases: “People talking without speaking, People hearing without listening.” It is the last phrase I want to dwell on: People hearing [Read More]

How To Sabotage a Mediation!

Most people attend mediation, fully engaged and committed to the process, hoping to resolve a matter. However, there are some who attend mediation with no real desire to settle, despite their outward claims. I had such a mediation the other day. It was court-ordered on the eve of trial. The [Read More]

By |November 15th, 2024|Mediations|

A Hypothetical Mediation

While driving home the other day, I heard a story on NPR that caught my attention. It was about Kentucky prisoners hacking a computer system to put more money into their digital accounts than existed. It happened at the Luther Luckett Correctional Complex in Oldham County, Kentucky. After a prisoner [Read More]

Using Chatbots to Negotiate!

The blog post on the Harvard Program on Negotiation(PONS) raised an interesting and timely issue: using chatbots to assist in negotiations. In her post, “Chatbot Negotiations: What can AI Do for You?” author Katie Shonk (August 8, 2024) relays the story of Walmart’s use of a chatbot to negotiate with [Read More]

By |August 23rd, 2024|Negotiation|
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