August 14, 2019
As mediators, we need to remain informed about new and innovative approaches to dispute resolution in niche contexts, so we can analyze the reasons for their success, and advocate for their broader use in other arenas where they may also prove helpful. One such development is the growing adoption by..
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Tags:August 8, 2019
As children, we were taught by our parents and teachers to take responsibility for our actions and apologize if we damaged someone’s property or hurt someone’s feelings. See Professor Jonathan Cohen, Advising Clients to Apologize, 72 S. Cal. L. Rev. 1009 (1999). Yet, ironically, as adults — if we cause..
Tags:May 21, 2019
It’s a cardinal rule that an attorney cannot meet privately with a party represented by counsel outside the presence of the party’s attorney. But what if an attorney is a party to a mediation, and the counterparty is a non-attorney represented by counsel? Can the attorney meet one-on-one with the..