Resolution Strategies

SORRY SEEMS TO BE THE HARDEST WORD

Forty-five years ago, Sir Elton John — who recently announced that his final live concert in the United States will be at Dodger Stadium on November 20, 2022 — released the above-titled ballad, with lyrics by Bernie Taupin. The song's title invokes a message that is both poignant and universal, whic [...]

By |2021-08-02T08:37:33-07:00August 2nd, 2021|

A MEDIATOR’S PROPOSAL

When I first began offering my services as a mediator, I committed to the following "best practices," which I considered foundational to the role: (1) I would do my utmost to conduct a pre-mediation call in every case; and (2) I would provide unlimited follow-up in any matter I was unable to resolve [...]

By |2021-07-01T14:22:28-07:00July 1st, 2021|

BRIEF ENCOUNTERS

In nearly every mediation I've conducted, the parties submitted a combined total of at least two, sometimes three, occasionally four, periodically five and every-so-often six or more mediation briefs. Having mediated more than 2000 matters, that means I've read between 4000 and 5000 briefs. Therefor [...]

By |2021-06-01T09:13:18-07:00June 1st, 2021|

FAILURE TO COMMUNICATE

In 1968, Paul Newman earned the fourth of his ten Best Actor nominations and George Kennedy walked off with the Oscar for Best Supporting Actor for their respective roles in "Cool Hand Luke." But the 1967 movie may be best-remembered for this infamous line delivered by Strother Martin, playing the r [...]

By |2021-05-04T13:00:37-07:00May 4th, 2021|

PLAY BALL!

With their fans back in the stands and a full 162 game schedule awaiting them, all 30 MLB franchises begin their quest today for the 2021 World Series championship! Opening Day ceremonies take place in 15 cities across the country, with the defending champion L.A. Dodgers, who named Clayton Kershaw [...]

By |2021-04-01T11:22:04-07:00April 1st, 2021|

WAZE & MEANS

Even though it's been more than seven years, I remember the conversation as if it was yesterday. During the social hour that preceded the 2013 Santa Monica Bar Association Fall Dinner Program, several attorneys were singing the praises of an “app” that I'd never heard of, piquing my curiosity. After [...]

By |2021-03-02T07:10:39-08:00March 2nd, 2021|

TRIAL AND ERROR

Several years ago, Randall L. Kiser, Martin A. Asher and Blakeley B. McShane authored a study, titled “Let’s Not Make A Deal: An Empirical Study of Decision Making in Unsuccessful Settlement Negotiations” [Journal of Empirical Legal Studies, Vol. 5, Number 3, 551-591, September 2008], which should b [...]

By |2021-02-08T18:10:46-08:00February 8th, 2021|

THE CONCESSION SPEECH

Given the title -- and timing -- of this month's edition, you may be expecting a political rant from me. Sorry to disappoint you, but I try very hard to limit my political rants to my Facebook page! 😂😂 Instead of focusing on the historical and political significance of the traditional concession spe [...]

By |2021-01-07T16:49:49-08:00January 7th, 2021|

IT’S NEVER TOO SOON

[The following is a revised and updated except from an article that originally appeared in the September 2015 edition of CAALA's Advocate, in which I wrote: "Our civil justice system is broken. Overburdened and underfunded courts are . . . unable to dispense justice swiftly in civil cases. Today, wi [...]

By |2020-12-01T11:12:15-08:00December 1st, 2020|

“SEE THE WHOLE BOARD”

As I've shared in the past, I'm a die-hard fan of The West Wing. So when HBO Max announced that the original cast was reuniting for "A West Wing Special to Benefit When We All Vote," I knew exactly what I would be doing on October 15th. And when I learned the cast would be recreating one of my favor [...]

By |2020-12-25T10:02:30-08:00November 14th, 2020|
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