On October 22, 2012, we said good-bye to Argus-our English springer spaniel-as the cancer got the best of him. I was devastated. Analogizing to employment litigation in which a terminated employee sues and is stuck in the past, dwelling on the old job and boss until she gets a new [Read More]
Argus Birth is a beginning and death a destination; But life is a journey. A going, a growing from stage to stage: From childhood to maturity and youth to old age. From innocence to awareness and ignorance to knowing; From foolishness to discretion and then perhaps, to wisdom. From weakness [Read More]
Last week, I conducted a mediation in which the Plaintiff was quite angry at what had happened to her. As I learned, she owns an auto body repair shop. Someone had brought a vehicle in for repair. However, that person abandoned the vehicle, never coming to pick it up. So, [Read More]
Recently, I read an article posted on the Harvard Law School Program on Negotiation's website discussing the similarity of improvisation and negotiation. (Improv pp.4-8.) In both, one must be quick on her feet- ready for anything at any moment. In both, one must be ready "... to seize unexpected opportunities [Read More]
In previous blogs, I have discussed the hullaballoo surrounding the introduction of AB 2025 into the California Legislature. As originally drafted and introduced into the California State Assembly, it provided that mediation confidentiality would not preclude the introduction of "... communications between a client and his or her attorney during [Read More]
Often, in mediation, I suggest to a party that she look at the issue from the viewpoint of her adversary, i.e., the person sitting in the other room. I do this in an effort to have that party become more open in finding a solution to the dispute; to realize [Read More]
One of the cardinal rules of mediation is that the person with settlement authority attends the mediation. If not explicitly stated in most state and federal court rules, it is implicit. The reason is obvious: it is difficult to settle when the person with the authority to do so, is [Read More]
Two weeks ago, I posted a blog about "cognitive bias". As explained on ScienceDaily.com, "a cognitive bias is any of a wide range of observer effects identified in cognitive science and social psychology...that are common to all human beings." I recently conducted a mediation in which I saw one of [Read More]
