Several weeks ago, I wrote about the proposal by the State Bar to allow non-lawyers to practice law. More specifically, the proposal under the rubric allowing access to justice for more members of society include: Narrowing restrictions on the unauthorized practice of law (UPL) to allow persons or businesses other [Read More]
In my various mediator trainings, the use of an apology as a means of resolving a dispute has often been discussed and advocated. Indeed, books have even been written on the use and power of an apology. (See for example: On Apology by Aaron Lazare). I have even advocated its [Read More]
Every so often, I glance at the blog posts on the Program on Negotiation at Harvard Law School website and one caught my eye. It is entitled “Ethics in Negotiations: How to Deal with Deception at the Bargaining Table” written by the PON staff and posted on June 11, 2019. [Read More]
In my early training to be a mediator, the trainer often suggested that to help the parties reach an agreement on the really big issues, start with the small ones. Discuss the easy issues first and obtain agreement on those. This will build momentum and a sense that resolution is [Read More]
I read an article in the New York Times the other day entitled, “Let Go of Your Grudges. They’re Doing You No Good” by Tim Herrera ( May 19, 2019), and it struck me that many lawsuits are nothing more than unforgiven grudges. The article starts with the question: “What [Read More]
NEWS FLASH !!!! Bloomburg news just published an article stating that the U. S. Supreme Court has held in Fort Bend County, Texas v Davis (Case no. 18-525) that the filing a claim of bias with either the EEOC or the applicable state agency prior to filing suit is NOT [Read More]
Several years ago, I read about a study which showed that lawyers tended to be overconfident in winning at trial. The study (Insightful or Wishful: Lawyers’ Ability to Predict Case Outcomes by Jane Goodman-Delahunty, Maria Hartwig, Pär Anders Granhag and Elizabeth F. Loftus, published in 16 Psychology, Public Policy, and [Read More]
The Cambridge online dictionary defines “mediator” as “…a person who tries to end a disagreement by helping the two sides to talk about and agree on a solution.” Implied in this is that the mediator will be kind, helpful, friendly, respectful, and any other positive trait necessary to build trust and a relationship with the parties. The [Read More]
