As I mentioned in my last blog post, I started teaching ADR Ethics at USC Gould School of Law last week. During our discussion of ethics, I asked whether it would be proper to hide information. I posed the following hypothetical: At mediation, an Insurance company settled a dog [Read More]
School has started. More specifically, I have returned as a lecturer in law at USC’s Gould School of Law teaching ADR Ethics. And, I must say, the first class was very lively. The topic was negotiation ethics. And, at one point, I noted that as a mediator, the most important [Read More]
Several weeks ago, I wrote about the proposal by the State Bar to allow non-lawyers to practice law. More specifically, the proposal under the rubric allowing access to justice for more members of society include: Narrowing restrictions on the unauthorized practice of law (UPL) to allow persons or businesses other [Read More]
Several weeks ago, I posted a blog about a book I recently read, Negotiating the Impossible by Deepak Malhotra (Berrett-Koehler Publishers, Inc., Oakland, Ca. 2016). In it, the author notes that three things are paramount to resolving the most intractable disputes: Framing, Process and Empathy. By “framing”, the author means [Read More]
In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated. Indeed, books have even been written on the use and power of an apology. (See for example: On Apology by Aaron Lazare). I have even advocated its [Read More]
The one thing I love about being a mediator is that it constantly brings new challenges and new insights into people. A recent mediation is no exception. In that mediation, for the first time, defense counsel advised that her client wished to proceed to trial because it believed that the [Read More]
As part of a book club group, I recently read Negotiating the Impossible: How to Break Deadlocks and Resolve Ugly Conflicts (Without Money or Muscle) by Deepak Malhotra (Berrett-Koehler Publishers, Inc. 2016). The thesis of the book is simple: to resolve any conflict, one must employ Framing, Process and Empathy. [Read More]
In 2018, the Board of Trustees of the State Bar of California received a Legal Market Landscape Report (commissioned by the Bar) (“Report”) to study the ever changing market for legal services. What the study found is that while the wealthy can afford legal services, the less well advantaged cannot. [Read More]
