A few weeks ago, my husband and I attended a family social gathering seeing extended family we had not seen in quite a long time. As one typically does, I went around to say “hello” to everyone, usually greeting them with a smile and a hug. However, when I went [Read More]
The ABA published another interesting article discussing the dismissal of a third-party complaint because the parties failed to mediate as required by their contract. Entitled “Failure to Mediate Causes Dismisses of Case” by Michael Stefanilo, Jr, the article (dated March 23,2022) highlights Rivas v CBK Lodge General Partner, LLC, U.S. [Read More]
For an upcoming book club discussion, I am reading Master of the Game: Henry Kissinger and the Art of Middle East Diplomacy by Martin Indyk (Alfred K. Knopf, New York 2021). While I have a lot more reading to do to finish the book, I was struck by a passage [Read More]
Recently, my husband and I met a friend for dinner. During dinner, she noted that she had discovered a book, “How To Win Friends and Influence People” by Dale Carnegie, asking me if I had ever read it. I mentioned I had heard of it but had not read it. [Read More]
I had a strange mediation last week. Neither side submitted briefs, and so I was in the dark about what the mediation was about other than an automobile. The mediation was conducted by telephone. I called plaintiff’s counsel and after introducing myself, the first thing counsel asked was whether she [Read More]
The American Bar Association recently posted an article in its ABA Weekly Newsletter (May 27,2022) about a patient signing an agreement with a hospital acknowledging that she will be charged $1300 for surgery but then being billed about $230,000. The Colorado Supreme Court ruled that the signed agreement prevailed; because [Read More]
How many times have we heard the refrain,” But, it is not fair!” or “I just want to be fair about this!” Or “All I want is fairness!” Or some similar retort? Suppose these comments arise out of a dispute between three partners: Jane, Joan and Sally. Jane put in [Read More]
We all love a delightful story. And stories are important in negotiating and resolving disputes. This point was eloquently made by Dr. Joshua N. Weiss in Harvard’s Program on Negotiation, “The Sunday Minute” (April 17, 2022): At their best, stories create a sense of connection, build trust, allow the listener [Read More]
