With the fast approaching end of the United States Supreme Court’s 2015-2016 term, the Supreme Court has been (and will be) issuing a flurry of decisions. One of them caught my attention because unlike all of its other decisions, it did not decide the matter but rather suggested engaging in alternative [Read More]
Are you a risk taker? Or, are you a risk averter? According to a recent article in the New York Times (Rats That Tend to Gamble Help Reveal Science of Risk by Pam Belluck, March 24, 2016 at page A21), the answer lies in a specific type of neuron or [Read More]
A few weeks ago, some rulings of the Honorable Holly E. Kendig, Judge of Los Angeles County Superior Court, made the headlines in the local legal newspapers. Those rulings which among other things dismissed the case, were predicated on an earlier ruling which answered the question, “who is a mediator” and discussed [Read More]
(Spoiler alert: This blog has nothing to do with mediation, today!) On April 25, 2016, a legislative analysis was issued regarding AB 2878 which is not only the dues bill but also possibly the mechanism by which to de unify the California State Bar into two parts; a regulatory function [Read More]
A few weeks ago, I discussed the paradox of Avoidance and Engagement as discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015). I cited the use of mediation as an example of this paradox. Parties engage in mediation to avoid further litigation or prolonging the [Read More]
The California Law Revision Commission (CLRC) held its latest meeting on April 14, 2016. With respect to mediation confidentiality, the issue under discussion was in camera review. In the latest memo on the topic- Memorandum 2016-18 ( April 4, 2016)- Ms. Barbara Gaal, Chief Deputy Counsel, outlined an extensive procedure [Read More]
(Spoiler Alert: This week's blog has nothing to do with mediation!) As the then chair and now the immediate past chair of the California State Bar ADR committee, I have had the pleasure of meeting and getting to know Joanna Mendoza, a trustee on the Board of Trustees and liaison to the [Read More]
Don’t ask me why but I was roaming around the Official California Legislative Information web site searching for any new bills dealing with mediation and/or arbitration when I stumbled across SB 1256: An act to add Section 314 to California’s Code of Civil Procedure relating to civil law (pun intended?). [Read More]
