Mediation Blog
Avoidance and Engagement
In last week’s blog, I mentioned one paradox (competition and cooperation) discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015). A second one is avoidance and engagement. Like the first [Read More]
Is Competition Really the Opposite of Cooperation?
In any negotiation training class, the concepts of “distributive “bargaining and “integrative” bargaining are invariably discussed. The former is viewed as a form of “competitive” bargaining in which for every gain that one party makes, [Read More]
Recent Developments in Mediation Confidentiality
Two developments occurred regarding mediation confidentiality during the first week of February. First, on Monday, February 1, 2016, the Ninth Circuit Court of Appeals heard oral argument in Craig Milhouse v. Travelers Commercial Insurance, Case [Read More]
Is There a “Gorilla in the Room”?
In January 2016, the Second Appellate District of the California Court of Appeal decided a case in which the issue was essentially caused by the Legislature’s refusal to fund the judiciary. In Castillo v DHL [Read More]
An Offer to Settle Does Not End the Case!
In November 2015, I discussed a Ninth Circuit Court of Appeals decision- Campbell Ewald Company v Gomez, 768 F. 3d 781 (9th Cir. 2014)- in which that court held that where Plaintiff rejects Defendant’s Federal [Read More]
Overcoming Implicit Bias through Diversity
I never really thought about Implicit Bias being the flip side of Diversity or of Diversity being the antidote to Implicit Bias until I read two articles recently. One was in the December 2015 issue [Read More]
