Several weeks ago, I posted a blog about California Assembly bill AB 2025 which would abolish mediation confidentiality in very limited circumstances; namely, in actions "... for legal malpractice, an action for breach of fiduciary duty, or both, or in a State Bar disciplinary action..." communications directly between the client [Read More]
Most mediators I know are passionate about their work and about bringing peace to the world. We like to think of ourselves as "peacemakers" and that our goal is to assist others in resolving disputes. Consequently, we may not always focus on the fact that mediation is a business or [Read More]
A recent study found that even chimpanzees use conflict resolution in the form of policing (i.e., arbitration/mediation) to resolve their disputes and/or to prevent them in the first place. Further, like humans, they look to those with status or high rank, to resolve the erupting conflict. Perusing Google news, I [Read More]
Over the past few years, I have heard the term "restorative justice" but never quite understood what it encompassed. Recently, I was directed to a concise explanation; an easy to read 65 page book entitled The Little Book of Restorative Justice by Howard Zehr (Good Books 2002). ( The Little [Read More]
As I have mentioned in previous blogs, I mediate an awful lot of "lemon law" cases. Frequently, the issue is whether the defendant manufacturer will "repurchase" the vehicle, or pay the plaintiff consumer a "sufficient" amount of money to entice her to keep the car, also known as a "cash [Read More]
As a mediator, I am trained not to assume, and to ask questions. Sometimes, when I am acting as me (and not as a mediator), that training goes out the window; sometimes, it does not. Sometimes, I catch myself in time and reinforce a valuable lesson: never assume. How did [Read More]
ast Thursday, February 23, 2012, Assembly Member Wagner introduced AB 2025 before the Californai State Legislature. The proposal seeks to create an exception to mediation confidentiality by amending Section 1120 of the California Evidence Code to allow the introduction of evidence: (4) ...in an action for legal malpractice, an action [Read More]
"Multi-tasking" took on a whole new meaning for me the other day when I conducted two mediations simultaneously, i.e. at the same time! Sounds strange, doesn't it? It came about at the last minute. I already had one scheduled for the morning. During the previous afternoon, defense counsel telephoned to [Read More]
