Revisiting “Good Faith”!

In 2018, I wrote a blog about mediating in “good faith”. It involved a mediation in which defense counsel admitted that she was there ONLY because the court had ordered the mediation; her client was not inclined to settle or to offer anything in settlement. This posed the question: was [Read More]

By |January 24th, 2020|Research|

How SINS ful are you?

In a recent blog, I mentioned that I attended a seminar presented by Professor Blondell discussing ethical fading in mediation. At one point, she mentioned the SINS scale which I had not heard about. In 2000, Robert Robinson, Roy Lewicki and Eileen M. Donahue wrote an article, entitled, Extending and [Read More]

By |February 8th, 2019|Research|

Neutrals Beware!

In the past, I have posted more than one blog about the very fine line between puffing and misrepresentation in the course of negotiations. The audience I had in mind was both the parties and their counsel. ( See aslo, 2014  blog.) A recent appellate decision indicates that my earlier post [Read More]

By |August 12th, 2016|Court Cases|

“Puffing” and the California State Bar

In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer's Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged [Read More]

By |April 11th, 2014|Research|
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