In social psychology, there is a cognitive bias known as “naïve realism” which “is the human tendency to believe that we see the world around us objectively, and that people who disagree with us must be uninformed, irrational, or biased.” (https://en.wikipedia.org/wiki/Na%C3%AFve_realism_(psychology) That is, they are idiots. Which brings me to the book I [Read More]
One Saturday afternoon, my husband and vegetated and watch a dreadful movie called “In Time “(released October 2011) . The theme of the movie is that time is literally money. In this science fiction thriller, In 2169, people are genetically engineered to stop aging on their 25th birthday. Everyone has [Read More]
Our recent book club discussion featured Split the Pie: A Radical New Way to Negotiate by Barry Nalebuff (HarperCollins, New York 2022). While I understand the author’s concept, I am not sure if I am able to implement it as a mediator. In the simplest of terms, in a two-party [Read More]
(Spoiler alert: I had so much fun putting this together in 2020 that I feel a reprint is in order !) No, that is not a misprint. It is the date that John Adams (in a letter to his wife Abigail, dated July 3, 1776) predicted would be the date [Read More]
Last week, I posted a blog about the California Supreme Court adopting a new Rule 8.3 (effective August 1,2023) entitled Reporting Professional Conduct as part of California's Rules of Professional Conduct. I must confess that I did not read the rule carefully enough. While subpart (a) does, indeed, require a [Read More]
Until now, California was the only state in the United States which did not adopt the “snitch” rule contained in Rule 8.3 of the American Bar Association’s Model Rules of Professional Conduct. On June 22, 2023, that changed: The California Supreme Court adopted a modified version of the ABA’s Rule [Read More]
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]
In our day-to-day living, we have encountered those (and indeed it may even be us) who have had a conflict of interest and so have disclosed it. It may have been our real estate broker who is representing both the buyer and seller, or our medical professional who is being [Read More]
