The California Law Revision Commission met once again on September 22, 2016 to discuss its Study K-402- Relationship Between Mediation Confidentiality and Attorney Malpractice and Other Misconduct. At its prior meeting, the Commission (or CLRC) requested Barbara Gaal, Chief Deputy Counsel to address the issue of requiring a certification on [Read More]
There has been much written about implicit bias, and society has worked hard to eradicate it. Yet, one recent study and one news article indicate that however hard society has tried consciously to be rid of implicit biases, unconsciously, they still exist. In a June 20, 2016 article posted on [Read More]
Several years ago, I took a course with Douglas Noll who noted that everyone in a conflict is a victim, and every person in that conflict has six needs that must be met before the conflict can be resolved: vengeance, vindication, validation, need to be heard, need to create meaning [Read More]
The recent vote by Great Britain to exit the European Union (aka Brexit) is an example of making decisions emotionally and without thoroughly analyzing the consequences. Or, of not thinking things through. As has been shown in various studies, people’s decisions tend to be emotional rather than rational. Indeed, some [Read More]
I have just returned from a trip to Europe where whether “to Leave or to Remain” is very much the question of the day. It relates to the national referendum which Britain will hold on Thursday- June 23, 2016 on Brexit: should it remain within the European Union or leave? [Read More]
(Spoiler alert: This blog has nothing to do with mediation, today!) On April 25, 2016, a legislative analysis was issued regarding AB 2878 which is not only the dues bill but also possibly the mechanism by which to de unify the California State Bar into two parts; a regulatory function [Read More]
The California Law Revision Commission (CLRC) held its latest meeting on April 14, 2016. With respect to mediation confidentiality, the issue under discussion was in camera review. In the latest memo on the topic- Memorandum 2016-18 ( April 4, 2016)- Ms. Barbara Gaal, Chief Deputy Counsel, outlined an extensive procedure [Read More]
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 Nos. 13-56959 and 13-57029. Dr. and Mrs. Milhouse suffered the total loss of their home [Read More]
