In 2006, the American Bar Association issued an ethical opinion- ABA Formal Ethics Op. 06-439 entitled A Lawyer’s Obligation of Truthfulness When Representing a Client in Negotiation: Application to Caucused Negotiation. At issue was whether an attorney has to be as truthful in a caucused mediation as she is obliged [Read More]
In last week’s blog, I mentioned one paradox (competition and cooperation) discussed by Bernard Mayer in his book, The Conflict Paradox (ABA and Jossey-Bass, 2015). A second one is avoidance and engagement. Like the first paradox, on superficial glance, avoidance and engagement appear to be polar opposites. But, upon deeper [Read More]
In any negotiation training class, the concepts of “distributive “bargaining and “integrative” bargaining are invariably discussed. The former is viewed as a form of “competitive” bargaining in which for every gain that one party makes, the other party loses. It is a “zero sum” game in which a “fixed” pie [Read More]
Two developments occurred regarding mediation confidentiality during the first week of February. First, on Monday, February 1, 2016, the Ninth Circuit Court of Appeals heard oral argument in Craig Milhouse v. Travelers Commercial Insurance, Case Nos. 13-56959 and 13-57029. Dr. and Mrs. Milhouse suffered the total loss of their home [Read More]
In January 2016, the Second Appellate District of the California Court of Appeal decided a case in which the issue was essentially caused by the Legislature’s refusal to fund the judiciary. In Castillo v DHL Express (USA) et al, Case No. B25843, ( B258432 )  plaintiff filed a class action complaint alleging [Read More]
Recently, I attended the California State Bar Convention. One presentation was entitled “Tackling Emotion in Mediation: Tips for Dealing with People in Conflict.” The panelists were Claudia Hagadus Long, Esq.; David M. Miller, Esq. and Randy Kolin, Psy.D. Based on the many, many mediations I have conducted, I have found [Read More]
Mediators find more tools through neuroscience By Susan Kostal - ABA Journal Phyllis Pollack. Photograph by Jonah Light Mediators and other practitioners of alternative dispute resolution are using information gleaned from the research of world-class neuroscientists to calm emotions and help mediations resolve more easily. With the advent [Read More]
Several weeks ago, I posted a blog about the proposals voted on by the California Law Revision Commission to make certain changes to mediation confidentiality in California. At its August 8, 2015 meeting, the Commission proposed creating several exceptions to mediation confidentiality that would allow; (1) Both lawyers representing clients [Read More]
