A few weeks ago, I posted a blog about proposed legislation- SB 940- allowing the State Bar of California to certify mediators or, more accurately, certify ADR provider organizations. See Certifying Mediators. The California Legislature is also considering another bill- SB 1141- that, if passed, could have a profound impact [Read More]
I opened the Science section of the New York Times last week to find an article about the value of mediation when siblings cannot agree on the next care steps for their elderly parents. Entitled “When Families Fight Over a Relative With Dementia, It’s Time to Call in the Mediator.,” [Read More]
Many years ago, I learned about Albert Mehrabian's rule of 55-38-7 in communication. This rule states that 55% of our communication is through body language, 38% through tone of voice, and only 7% through actual words (Project Management). Professor Mehrabian, a Professor Emeritus of Psychology at the University of California, Los [Read More]
On May 1, 2024, the Senate Judiciary Committee of the California legislature passed a heavily amended Senate Bill 940 aimed at regulating both arbitration and mediation services in California. According to a Los Angeles Daily Journal article published on May 2, 2024 (subscription only), the arbitration provisions may well run [Read More]
This past week, I taught my last class for the semester at the University of Southern California's Gould School of Law. The online course entitled Employment Dispute Mediation teaches the students how to mediate "from soup to nuts." Many of the students are Human Resource (HR) professionals, which makes my [Read More]
I stumbled upon a study entitled “Settlementality” by Jessica Bregant, Jennifer K. Robbennolt & Verity Winship which surveyed over 1,000 U. S. adults on their basic knowledge of settlements and what. If any, role the courts and contract law play in settlement. (Id. at 1.) Although their results were mixed [Read More]
Last weekend, I attended a conference of fellow mediators. One of the points raised was that mediating via Zoom, or any other video-conference platform requires a different skill set and for those new mediators (of less than three years) , it may be the only skill set they know. That [Read More]
Several weeks ago, I wrote a blog about a New York Times article on apologizing and how to do so like you mean it. The article notes that an apology has to be carefully orchestrated and contain certain elements for it to be effective: express regret, explain but keep it [Read More]
