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]
One thing I have learned about agreeing to teach a class is that it has caused me to focus on many things that have otherwise been floating around in my subconscious. One of these is negotiation tactics: what is permissible and what is not. In researching this topic for class, [Read More]
The semester has just started at USC Gould School of Law where I am teaching ADR Ethics. One of our recent classes focused on cognitive biases. After I pointed out that we all have them, and it is unavoidable, a student asked “What about judges?” Yes- they have them too, [Read More]
When you see an overweight person walking down the street, or perhaps sitting in a meeting with you, what is your reaction? Do you cringe or try to avoid that person? Do you have thoughts- good or bad- about that person’s physical appearance? Are you even aware of your reaction [Read More]
