The California Supreme Court has issued an opinion holding that depending on the provisions in a settlement agreement, attorneys who approve the agreement as to form and content may also be bound by the substantive provisions of the agreement. In Monster Energy v Schechter, Case No. S251392 (July 11, 2019), [Read More]
There can be no empathy where there is no civility. I was at a conference recently during which one the presenters made this statement. It struck me as I had never thought about these concepts as being connected. But, indeed, they are. “Civility” is defined as “…the act of showing [Read More]
Every so often, I glance at the blog posts on the Program on Negotiation at Harvard Law School website and one caught my eye. It is entitled “Ethics in Negotiations: How to Deal with Deception at the Bargaining Table” written by the PON staff and posted on June 11, 2019. [Read More]
I have said this before and will say it again: talking to the other party does wonders. After mediating more than 2,000 cases, I am still at a loss to understand why parties in litigation are afraid to sit down with each other and discuss the issues directly. ( I [Read More]
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]
