Mediation Blog
Is There A Bad Faith Exception to Mediation Confidentiality?
Recently, I received an e mail alerting me to an order (Order_Mot for Remit_MSJ re New Trial.pdf )Â of a federal court providing that mediation confidentiality would not apply to prevent an insurance company from using [Read More]
How Not To Apologize!
Apologies have been much in the news this week. More specifically, Donald Sterling, in his interview with Anderson Cooper of CNN, in attempting to apologize, actually demonstrated how NOT to apologize, and how an apology [Read More]
It is all in the Blood Sugar
While I do not conduct family law mediations, I read an article in the April 19, 2014 edition of The Economist which I cannot resist mentioning. Entitled "Hunger Strikes", it discusses a study led by [Read More]
I Am Better Than You Are!
One of the hardest obstacles to settling a dispute is overcoming a party's sincere belief that she is above average and therefore is right and the other person is wrong. Known as the "Lake Wobegon [Read More]
The Five Stages
In 2000, when I took my first mediation training class, my teacher discussed the five stages of loss and grief first proposed by Elisabeth Kubler-Ross in her 1969 book, On Death and Dying. The particular [Read More]
“Puffing” and the California State Bar
In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer's Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether [Read More]
