There is an adage that a person who is her own lawyer, has a fool for a client, meaning that representing yourself is a foolish. Why? You lose perspective, objectivity and perhaps even credibility. Based on a recent event, it seems that this adage applies to mediators as well: one [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]
The other day I stumbled upon a tweet mentioning a “velvet hammer”. Wondering what it was, I googled the reference and came upon an article discussing its meaning and use; Why the ‘velvet hammer’ is a better way to give constructive criticism by Stephanie Vozza. Taking issue with the what [Read More]
I just finished reading Becoming by Michelle Obama (Crown Publishing 2018). While the book is an autobiography of the former First Lady, its theme is more than just a story about how some African American kid from the Southside of Chicago broke multiple barriers to become a world known public [Read More]
First and foremost, I would like to wish everyone a very Happy New Year; I hope that it proves to be a happy, healthy and very prosperous one for each of you. As I am still recovering from the holidays, I decided to post a blog about a very big [Read More]
In past blog posts, I have discussed implicit biases and how important it is to recognize their existence and to counteract them in our daily lives. Yet, there may be another and more positive way of looking at them. It is simply a question of “framing”. (See below!) A November [Read More]
I had a really weird almost mediation recently. It was a lemon law matter. It cancelled at the last minute simply because plaintiff’s counsel (let’s call her Joan) was sending another attorney (let’s call her Janice) in her stead. The defendant did not like this substitution and so cancelled. It [Read More]
The art of negotiation seems to be very much in the news today, with issues involving trade, tariffs, immigration, arms sales, nuclear arms, et cetera. In preparing to teach a class on negotiation ethics as part of my Mediation Ethics course at USC Gould School of Law, it dawned on [Read More]
