Mediation Blog
Apologies Are Not for Everyone!
In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated. Indeed, books have even been written on the use and power of [Read More]
It Is All About Trust!
The one thing I love about being a mediator is that it constantly brings new challenges and new insights into people. A recent mediation is no exception. In that mediation, for the first time, defense [Read More]
Process Before Substance
As part of a book club group, I recently read Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle) by Deepak Malhotra (Berrett-Koehler Publishers, Inc. 2016). The thesis of [Read More]
California State Bar Proposes Allowing Non-Lawyers to Practice Law
In 2018, the Board of Trustees of the State Bar of California received a Legal Market Landscape Report (commissioned by the Bar) (“Report”) to study the ever changing market for legal services. What the study [Read More]
“Approving as to Form and Content” May Mean More Than Just That!
The California Supreme Court has issued an opinion holding that depending on the provisions in a settlement agreement, attorneys who approve the agreement as to form and content may also be bound by the substantive [Read More]
Civility Precedes Empathy!
There can be no empathy where there is no civility. I was at a conference recently during which one the presenters made this statement. It struck me as I had never thought about these concepts [Read More]
