In my practice of mediation, I never gave this question any thought! But I should. I just finished reading a book entitled Quiet by Susan Cain (Broadway Books, New York 2013) and realized that our answer to this question greatly impacts absolutely everything we do in life (including negotiating disputes!) [Read More]
A colleague of mine- Jan Frankl Shau, Esq.-recently published an article in the Los Angeles Daily Journal entitled “ A New paradigm for mediation: the role of “bearing witness” (July 28, 2023). In it, she notes that sometimes the job of the mediator is simply to “bear witness” or simply [Read More]
One Saturday afternoon, my husband and vegetated and watch a dreadful movie called “In Time “(released October 2011) . The theme of the movie is that time is literally money. In this science fiction thriller, In 2169, people are genetically engineered to stop aging on their 25th birthday. Everyone has [Read More]
Our recent book club discussion featured Split the Pie: A Radical New Way to Negotiate by Barry Nalebuff (HarperCollins, New York 2022). While I understand the author’s concept, I am not sure if I am able to implement it as a mediator. In the simplest of terms, in a two-party [Read More]
A recent survey ( NADN-2022-SurveyOfLitigators-ViewsOnODR[64656] ) conducted by the National Academy of Distinguished Neutrals found that prior to the pandemic and lock down in March 2020 only about 2% of litigation attorneys had ever attended a mediation or arbitration using a video conference platform. But thanks to the pandemic, as [Read More]
Every once in a while, I read about a case that has nothing to do with mediation other than creativity and feel compelled to write about it. As I have noted previously, there is one thing about lawyers and/or their clients: they can be very creative. The Ninth Circuit Court [Read More]
On Valentine’s day, 2023, Assembly member Jesse Gabriel introduced AB 924 to be added as Section 1770 to the California Code of Civil Procedure. Entitled, Alternative dispute resolution: complaints, it currently reads: SECTION 1. Title 11.5 (commencing with Section 1770) is added to Part 3 of the Code of Civil [Read More]
Spoiler Alert: Much of the content below is computer generated created not by my brain but by computer “intelligence”! As a follow up to my blog last week about the use of AI, I decided to try out Chat GPT. I asked it two questions: (1) Explain how AI can [Read More]
