On February 10, 2022, the Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual harassment Act of 2021 (HR. 4445). When signed by President Biden (expected any day), it will amend the…
Read ArticleCalifornia currently permits employers to require workers to submit claims arising from their employment to binding arbitration. Excluded are workers’ compensation controversies or disputes relating to employee benefit plans; but most other disputes, including…
Read Article[This originally appeared in the Los Angeles Daily Journal.] I was recently vetting some potential mediators with a colleague whose opinion I generally respect. In response to one of his proposals, I said, “yeah,…
Read ArticleI recently had lunch with Mark Fingerman, a Los Angeles lawyer who has successfully transitioned from being a litigator to a full-time mediator. As I often do, when I get an opportunity to talk shop with…
Read ArticleOne of my favorite books about negotiation is Getting To Yes by Roger Fisher and William Ury. As the book jacket suggests, it really is “for everyone who has ever worried about what to do…
Read ArticleThis cautionary tale comes from a case called Mt. Holyoke Homes, L.P., v. Jeffer Mangels Butler & Mitchell, LLP (No. B243912). The facts are straightforward. Mt. Holyoke Homes hired Los Angeles law firm Jeffer…
Read ArticleBuyers snatched up a weathered house on my street late last year, and I soon learned they intended to remodel and “flip” it for a profit. A couple of weeks ago, the house, completely…
Read ArticleI last wrote, rather flippantly I thought, about why, when given the choice, I generally shun arbitration in favor of mediation. One of the comments I received, from über-neutral Deborah Rothman, suggested that I…
Read ArticleBut when I do, I vastly prefer mediation to arbitration. Here are five reasons why: 1. The Split-The-Baby Problem. I’ve had retired judges and other neutrals tell me they don’t like presiding over arbitrations…
Read ArticleThe media, film, and TV have long fueled a belief that the most important quality any lawyer can possess is the ability to conduct a withering cross-examination of a pivotal witness. As practitioners, we know…
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