The Sunday Review section of the New York Times had another interesting article on cognitive biases in its May 27, 2017 edition entitled “You’re Not Going to Change Your Mind” By Ben Tappin, Leslie Van Der Leer and Ryan McKay. Using the present political climate as a beginning point, the [Read More]
On June 22, 2017, the California Law Revision Commission issued its Tentative Recommendation following its study to create an exception to mediation confidentiality (Study K-402). If passed by the legislature, new Evidence Code section 1120.5 would allow parties to pursue claims against counsel for "legal malpractice" occurring in a mediation [Read More]
In its Smarter Living section on May 22, 2017, the New York Times published an article by Kristin Wong on cognitive dissonance entitled “Why It’s So Hard to Admit You’re Wrong.”. The article actually explains the confirmation bias that we all have, but I am getting ahead of myself. First, [Read More]
I stumbled across an article about a case filed in court, Jane Doe v Proskauer Rose LLP., U.S. District Court (D. C.), case No. 1:17-cv-00910-ABJ, that absolutely intrigues me as a mediator. Using the pseudonym Jane Doe, a female partner in the law firm's District of Columbia office sued the [Read More]
A few weeks ago, I posted a blog about a subrogation matter which I mediated. The facts were not complicated: A homeowner parked her vehicle in her garage in her home and the next thing she knew, the garage caught fire and there was extensive smoke damage throughout the house. [Read More]
On May 30, 2017, Chief Deputy Counsel Barbara Gaal, Esq. posted Memorandum 2017-30 containing most probably the final draft of the Tentative Recommendation of the CLRC on its study to create an exception to mediation confidentiality (Study K-402). While one or two issues remain for discussion at its June [Read More]
Life’s lessons come when you least expect them, and my mediation training comes in handy at such unexpected times. Recently, my husband and I adopted another English springer spaniel- Buddy. He is about 6 years old, and my husband and I are still getting to know Buddy and his temperament. Last [Read More]
One of the first things I Iearned about in game theory was the prisoner’s dilemma. As explained in Wikipedia, this theory was developed in 1950 by Merrill Flood and Melvin Dresher while working at the RAND corporation. It explains why two rational beings may not cooperate even though it is [Read More]
