Mediation Blog
Mediating My Own Disputes
There is an adage that a person who is her own lawyer, has a fool for a client, meaning that representing yourself is a foolish. Why? You lose perspective, objectivity and perhaps even credibility. Based [Read More]
Overconfident: It is Always Better to Settle!
Several years ago, I read about a study which showed that lawyers tended to be overconfident in winning at trial. The study (Insightful or Wishful: Lawyers’ Ability to Predict Case Outcomes by Jane Goodman-Delahunty, Maria [Read More]
The “ABC Test” is Retroactive!
In 2018, the California Supreme Court drastically changed the employment law landscape in California by adopting the “ABC Test” for determining whether workers are employees ( and not independent contractors) under California wage order laws: [Read More]
Parking Tickets and the Fourth Amendment!
There is one thing about lawyers: they can be very creative. The Sixth Circuit Court of Appeals issued an opinion in late April that, while having absolutely nothing to with mediation except to encourage brainstorming [Read More]
Legislating Against an Implicit Bias
In 2017, I posted a blog entitled, “A Bias I Never Thought About” which discussed an implicit bias against hair styles, most notably, Afros, Dreads, Twists, and Braids. It was based on a lecture given [Read More]
Should “Hostility” Be in my Toolbox?
The Cambridge online dictionary defines “mediator” as “…a person who tries to end a disagreement by helping the two sides to talk about and agree on a solution.” Implied in this is that the mediator will be kind, helpful, friendly, respectful, and [Read More]
