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]
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 of the American Bar Journal (ABA) entitled “Battling Bias” by Stephanie Francis Ward discussing a [Read More]
This month I am giving a series of presentations before different groups with my colleagues Gemma George, Ph.D. and John W. Garman, LL.M., FCIArb on the "Ethical Duties of Eiminating Bias in the Legal Profession." We are popular this month because by February 1, 2014, the last third of the [Read More]
On Sunday, October 13, 2013, I will be participating in a panel presentation entitled, "Ethical Duties of Eliminating Bias in the Legal Profession" as part of the California State Bar's Eighty Sixth Annual Meeting in San Jose, California. The focus of our discussion will be hidden/implicit biases-those biases that exist [Read More]
The other day, I conducted a mediation that lasted awhile which gave me the opportunity to converse with plaintiff's counsel and to get to know her a little bit. As this was my first mediation with her, I wanted to get to know her. In the course of our chatting, [Read More]
Often, in a mediation, one and/or both parties tell me that they would rather go to trial than accept or pay the sum of money (or other item) being discussed as a compromise of the matter. At this point, I discuss the risks of going to trial. Sometimes I am [Read More]
The art of negotiation can present ethical dilemmas. As explained in the April 2008 (Vol. 11, No. 4) issue of Negotiation published by the Program on Negotiation at Harvard Law School, at times, negotiators will make decisions that clash with their own ethics. Such clashes can arise in a myriad [Read More]
