Has Mediation Become Mechanized?

Assembly Bill 1755  (AB 1755) became law on September 29, 2024. It significantly amends California’s Song-Beverly Consumer Warranty Act (ACT), initially adopted in the 1970s. The Act is designed to provide motor vehicle owners with the remedy of restitution or replacement against automobile manufacturers when their vehicle proves to be [Read More]

By |August 22nd, 2025|Mediation|

Is Mediation the Practice of Law?

You might consider this a strange question since the definition of “mediation” is “a process in which a neutral person or persons facilitate communication between the disputants to assist them in reaching a mutually acceptable agreement” (California Evidence Code  1115(a)). Notice that the operable words are “neutral” and “facilitate.” These [Read More]

By |July 11th, 2025|Court Cases|

Mediation as an Agent for Change

In teaching mediation, I discuss the notion that mediation is a process of change, and like all changes, it takes time. It is often a slow process because it entails transformation. The mediation session is a transformation: it transforms one’s thinking. A party will walk into the session thinking one [Read More]

The Sound of Silence!

The Sound of Silence is a song written by  and released in 1964  by Simon and Garfunkel. It was used  in the movie, The Graduate. Its lyrics include the phrases: “People talking without speaking, People hearing without listening.” It is the last phrase I want to dwell on: People hearing [Read More]

How To Sabotage a Mediation!

Most people attend mediation, fully engaged and committed to the process, hoping to resolve a matter. However, there are some who attend mediation with no real desire to settle, despite their outward claims. I had such a mediation the other day. It was court-ordered on the eve of trial. The [Read More]

By |November 15th, 2024|Mediations|
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