Mediation Blog
A Different Way to Negotiate!
Our recent book club discussion featured Split the Pie: A Radical New Way to Negotiate by Barry Nalebuff (HarperCollins, New York 2022). While I understand the author’s concept, I am not sure if I am [Read More]
“Snitching” Redux
Last week, I posted a blog about the California Supreme Court adopting a new Rule 8.3 (effective August 1,2023) entitled Reporting Professional Conduct as part of California's Rules of Professional Conduct. I must confess that [Read More]
“Snitching”
Until now, California was the only state in the United States which did not adopt the “snitch” rule contained in Rule 8.3 of the American Bar Association’s Model Rules of Professional Conduct. On June 22, [Read More]
The Downsides to Negotiating via Video Conference!
A recent survey ( NADN-2022-SurveyOfLitigators-ViewsOnODR[64656] ) conducted by the National Academy of Distinguished Neutrals found that prior to the pandemic and lock down in March 2020 only about 2% of litigation attorneys had ever attended [Read More]
Disclosing a Conflict of Interest is Not Necessarily the Best Solution!
In our day-to-day living, we have encountered those (and indeed it may even be us) who have had a conflict of interest and so have disclosed it. It may have been our real estate broker [Read More]
Misremembering Within Seconds!
In the process of resolving any dispute, the parties usually begin by reciting the facts. Only after the facts are set out and the parties are generally in accord with what occurred, do the parties [Read More]
