One of the last topics I discussed in my ADR Ethics class this semester was mediating multiculturally. In her book, Mediation Ethics: Cases and Commentaries (Jossey-Bass 2011), Ellen Waldman quotes a definition of culture as “the whole complex of distinctive spiritual, material, intellectual and emotional features that characterize a society [Read More]
In my mediations, I make it a point to put out some Danish or cookies and fruit in each of the conference rooms (as well as coffee and water.) I do this partially to help the parties maintain their blood sugar levels as grumpy people do not make good negotiators [Read More]
In 2018, the Board of Trustees of the State Bar of California received a Legal Market Landscape Report (commissioned by the Bar) (“Report”) to study the ever changing market for legal services. What the study found is that while the wealthy can afford legal services, the less well advantaged cannot. [Read More]
Several weeks ago, I attended the annual fall conference of the Southern California Mediation Association (SCMA). While all the sessions were very good, one of them on emotional intelligence (presented by Harold Coleman, Jr. Esq, Debra Dupree MFT, Psy.D., and Matt Argue, Esq. entitled “The Modern Mediator: Interplay of Psychology [Read More]
Once again, I came upon an article dealing with morality; this time it was about “moral outrage.” Without doubt, most people either have witnessed, been subjected to or have personally expressed moral outrage. Especially, in this day and age of our politics. Who has not become angry or outraged or [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]
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]
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]
