A recent survey ( NADN-2022-SurveyOfLitigators-ViewsOnODR[64656] ) conducted by the National Academy of Distinguished Neutrals found that prior to the pandemic and lock down in March 2020 only about 2% of litigation attorneys had ever attended a mediation or arbitration using a video conference platform. But thanks to the pandemic, as [Read More]
Every once in a while, I read about a case that has nothing to do with mediation other than creativity and feel compelled to write about it. As I have noted previously, there is one thing about lawyers and/or their clients: they can be very creative. The Ninth Circuit Court [Read More]
On Valentine’s day, 2023, Assembly member Jesse Gabriel introduced AB 924 to be added as Section 1770 to the California Code of Civil Procedure. Entitled, Alternative dispute resolution: complaints, it currently reads: SECTION 1. Title 11.5 (commencing with Section 1770) is added to Part 3 of the Code of Civil [Read More]
Spoiler Alert: Much of the content below is computer generated created not by my brain but by computer “intelligence”! As a follow up to my blog last week about the use of AI, I decided to try out Chat GPT. I asked it two questions: (1) Explain how AI can [Read More]
This past Sunday, 60 Minutes had a segment on Artificial Intelligence (AI) and more specifically, on BARD – the AI program created by Google. During the segment, Scott Pelley asked BARD to create a short story, and a poem which it did in seconds. And as you might recall, several [Read More]
At Friday night Shabbat services last week, the Cantor (who was filling in for the rabbi) read a sermon prepared by Rabbi Ben Spratt. While the sermon eventually focused on the torah portion for the week, it started off discussing silence or more specifically, the extreme lack of it. Everywhere [Read More]
LiveScience posted an article entitled “Deductive reasoning vs Inductive Reasoning” on January 30, 2023 by Alina Bradford and Mindy Weisberger. It got me thinking about how do we reason in resolving a dispute. Deductively? Inductively? Or a little of both? Let’s start with the basics. As the post explains, Deductive [Read More]
Quite a few times in the life of this blog, I have visited the notion of preparation. I usually address it as a result of someone attending mediation not being prepared. Well... as you might guess, it happened again. I had a mediation last week where it was obvious that [Read More]
