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]
In 2017, I posted a blog entitled, “A Bias I Never Thought About” which discussed an implicit bias against hair styles, most notably, Afros, Dreads, Twists, and Braids. It was based on a lecture given by Professor Wendy Green who is an expert on discrimination based on hair style. This [Read More]
The Cambridge online dictionary defines “mediator” as “…a person who tries to end a disagreement by helping the two sides to talk about and agree on a solution.” Implied in this is that the mediator will be kind, helpful, friendly, respectful, and any other positive trait necessary to build trust and a relationship with the parties. The [Read More]
A great fear of mine is that with the blossoming of artificial intelligence (AI), my skills as a mediator will be replaced by a robot. This fear crept into my conscious again upon reading an article posted by Nick Hilborne on February 19, 2019 entitled , “Robot Mediator settle first [Read More]
Originally published in Law360, April 9, 2019 Typically, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included are provisions [Read More]
The other day I stumbled upon a tweet mentioning a “velvet hammer”. Wondering what it was, I googled the reference and came upon an article discussing its meaning and use; Why the ‘velvet hammer’ is a better way to give constructive criticism by Stephanie Vozza. Taking issue with the what [Read More]
Normally, if a matter settles at mediation, the parties will enter into a settlement agreement then and there to ensure that the matter has indeed settled; there will be no buyer’s remorse or change of mind the next morning. Often included within the settlement agreement are provisions that the settlement [Read More]
In cleaning up my office so it could be repainted and re-carpeted, I came upon an article in the July 2018 ABA Journal (volume 104) entitled, “Sounds of Silence” by Philip N. Meyer (pp. 22-23.) ( "ABA Article"). The ABA article notes that a pause at the right moment can [Read More]
