(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]
On December 10, 2015, the California Law Revision Commission (CLRC) met in Los Angeles, Ca to discuss the concept of in camera review as part of its tentative recommendation to create an exception to mediation confidentiality for attorney malpractice and other misconduct. (Since 2012-2013, the CLRC has been extensively studying [Read More]
Often, during a mediation, I will ask a party, "What will it take to resolve this dispute? " Every once in a while, I am met with silence or a blank look. Why? I suspect it is because she really has not had the “quiet” time to reflect. Like everyone else in [Read More]
Empathy- it is an interesting word. Although containing only 7 letters, it is packed full of meaning. The Merriam-Webster dictionary defines “empathy” as “the feeling that you understand and share another person's experiences and emotions: the ability to share someone else's feelings.” Or, more explicitly: “the action of understanding, being [Read More]
On February 19, 2015, CBS published the following story. It is so intriguing that I reprint it in full: An unusual lawsuit in Utah is raising eyebrows among some legal and financial experts: A woman is suing herself in a wrongful death case Earlier this week, the Utah Court of [Read More]
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 can backfire if not carefully crafted.After watching the CNN interview, I decided to delve into [Read More]
