In October 2015, I posted a blog about a then recent New York Times article on the benefits of anger in negotiations. In “The Rationality of Rage”, Matthew Hudson reviewed then recent studies indicating that in a balanced negotiation, anger tends to provide some leverage; it helped the angry negotiator [Read More]
Mediations and their participants never cease to amaze me. Recently, I mediated a personal injury lawsuit. It should have settled as liability was not an issue. Defendant was not contesting her fault for making a left turn immediately in front of Plaintiff’s vehicle that was proceeding straight. Rather, the issue [Read More]
Have you ever sat back with your eyes closed and listened to music or someone speaking? Why did you do it? Probably, to appreciate more fully and deeply what you were hearing. By shutting down one of our senses, we allow ourselves to hone in more deeply to the music [Read More]
As part of a book club, I just finished reading Difficult Conversations [How To Discuss What Matters Most] by Douglas Stone, Bruce Patton and Sheila Heen (Second edition, Penguin Books, New York, 2010). While its advice is geared towards the layman, as an experienced neutral, I found some interesting nuggets [Read More]
One of the unexpected obligations as a lecturer in law at a major university is that I must participate in harassment prevention training. One topic caught my attention although it was barely mentioned: micro-affirmations. Digging deeper into this topic on my own, I discovered the concept of micro inequities which [Read More]
I am a big fan of having everyone in the same place at the same time focusing on the same dispute. I find that if this occurs, more often than not, the matter will settle. The parties are focused on the matter at hand and are “forced” to “deal” with [Read More]
On September 28, 2017, the California Law Revision Commission met to review the public comments it had received to its Tentative Recommendation (issued in June 2017) following its study to create an exception to mediation confidentiality (Study K-402). The clear majority of the comments opposed the Tentative Recommendation. Retired Judge [Read More]
On July 13, 2017, Hong Kong’s Legislative Council passed an Apology Law ( Apology Ordinance (Cap. 631)) which will take effect on December 1, 2017. (Kluwer Mediation Blog (“Kluwer”)). The Apology Law is broad reaching in its definition and effect. Section 4 defines the meaning of “apology”: (1) In this [Read More]
