In my early training to be a mediator, the trainer often suggested that to help the parties reach an agreement on the really big issues, start with the small ones. Discuss the easy issues first and obtain agreement on those. This will build momentum and a sense that resolution is [Read More]
I read an article in the New York Times the other day entitled, “Let Go of Your Grudges. They’re Doing You No Good” by Tim Herrera ( May 19, 2019), and it struck me that many lawsuits are nothing more than unforgiven grudges. The article starts with the question: “What [Read More]
In sum, a rule may be mandatory without being jurisdictional, and Title VII’s charge filing requirement fits that bill. Fort Bend County, Texas v. Davis, U.S.S.CT. Case No. 18-525, (June 3, 2019) Slip Opinion at 11. Lois M. Davis worked for Ford Bend County, Texas in its information technology department. [Read More]
NEWS FLASH !!!! Bloomburg news just published an article stating that the U. S. Supreme Court has held in Fort Bend County, Texas v Davis (Case no. 18-525) that the filing a claim of bias with either the EEOC or the applicable state agency prior to filing suit is NOT [Read More]
There is an adage that a person who is her own lawyer, has a fool for a client, meaning that representing yourself is a foolish. Why? You lose perspective, objectivity and perhaps even credibility. Based on a recent event, it seems that this adage applies to mediators as well: one [Read More]
Several years ago, I read about a study which showed that lawyers tended to be overconfident in winning at trial. The study (Insightful or Wishful: Lawyers’ Ability to Predict Case Outcomes by Jane Goodman-Delahunty, Maria Hartwig, Pär Anders Granhag and Elizabeth F. Loftus, published in 16 Psychology, Public Policy, and [Read More]
In 2018, the California Supreme Court drastically changed the employment law landscape in California by adopting the “ABC Test” for determining whether workers are employees ( and not independent contractors) under California wage order laws: Under this test, a worker is properly considered an independent contractor to whom a wage [Read More]
There is one thing about lawyers: they can be very creative. The Sixth Circuit Court of Appeals issued an opinion in late April that, while having absolutely nothing to with mediation except to encourage brainstorming and “out of the box” thinking, is worth noting. So- spoiler alert- this blog has [Read More]
