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Join Date:
2009-11-11

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Exploring the place of mediation in the justice system

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Other Tags: adr, mediation, negotiation, conflict resolution, settlement

Latest Blog Posts

  • FearSomeone renting the house across the street from us has been blasting loud music very late at night, and I've been wondering how to deal with it. The other night when he woke us up at 2 am, I wanted to go knock on his door, but I was afraid that migh...
  • FightingIn the highly-charged atmosphere of our current political season, is more fighting really what we need? Senator Elizabeth Warren evidently thinks so. Here is a portion of Senator Warren's comments on the Rachel Maddow show last night, when Warren exp...
  • Pre-litigation dispute resolutionMore evidence that the practice of law has changed in fundamental ways: At a panel presentation this week at the SCMA Employment Mediation Institute, Ann Kotlarski, who represents employers and Curt Surls, who represents employees, both agreed that t...
  • Four clients
    on Apr 23, 2016 in clients conflict interests lawyers
    The wise client approaches the initial consultation with a lawyer with some ideas of what the client is trying to accomplish and with some perspective on his or her own situation. For such clients, the lawyer should be prepared to explain carefully h...
  • Avoiding Litigation
    on Apr 16, 2016 in ADR arbitration litigation mediation
    The ABA Dispute Resolution conference, held this year in New York City, presents an interesting mix of programs on mediation, arbitration, negotiation and collaborative practice. The conference manages to combine these fields, even though the culture...
  • Mediation's PotentialA couple of recent experiences as a consumer of mediation services have made me wonder whether the practice is living up to its full potential. In one case, when the mediator and opposing counsel started talking about what was going to happen at tria...
  • "Never Trump" and the Prisoners' DilemmaA variation of the Prisoners' Dilemma problem may be playing out in the Republican primary campaign. Those elements in the party who are still seeking to prevent Trump from becoming the nominee have apparently abandoned their original tactic of attem...
  • Supreme Court pokerHere is how one high stakes negotiation is currently playing out: First a recap. On February 13, 2016, Justice Scalia's unexpected death created a vacancy on the Supreme Court.Within less than a day, leading Senate Republicans made a pre-emptive open...
  • NeutralityNeutrality is a cherished concept in mediation, but the term is interpreted differently by different mediators. Some take it to mean being strictly impartial and fair toward both sides in a dispute, in the way that a judge should not let his or her b...
  • The Hateful EightAre there negotiating lessons one can learn from the world of Quentin Tarantino? Mediators tend to believe that if we encourage parties in conflict to continue talking even when resolution seems unlikely, they will eventually reach a level of common...
  • SCMA fall conference
    on Dec 26, 2015 in change mediation training
    The Southern California Mediation Association has announced the schedule for its annual fall conference in scenic Malibu, California on November 7, 2015. This year's theme is "Conflict Revolution: Mediators as Agents of Social Change."The website des...
  • SpotlightConfidentiality agreements often serve the short-term interests of the parties to a particular dispute: An enterprise accused of wrongdoing has a strong interest in keeping its alleged wrongful actions secret, both to protect its reputation and to di...
  • Bridge of SpiesThe new Cold War thriller Bridge of Spies, based on the true story of the prisoner exchange for captured U2 pilot Francis Gary Powers, shows an attorney living up to the highest standards of advocacy as well as negotiating ability. The movie's lawyer...
  • SCMA fall conference recapCongratulations to outgoing president Robyn Weinstein, incoming president Floyd Siegal, conference chair Hass Sadeghi, executive director Anne Sawyer, and all the other volunteers who helped create the Southern California Mediation Association's succ...
  • Urban ProjectsStreetsblogThere is a half-finished Target store in my neighborhood that stands as a perfect metaphor for the problems with using litigation as a means of resolving developers' and the community's interests in urban projects. With construction halted...
  • Car warsAn ongoing contentious conflict in Los Angeles, that affects every resident, is the conflict between automobile drivers and other users of the city's public spaces. This city, which has been designed in deference to the automobile since the 1920's, i...
  • Blogger vs. WordPress
    on Oct 13, 2015 in blogging conflict
    I recently succumbed to the need to upgrade my main law office website, jcmarkowitz.com, to make it look more professional and up-to-date. My law office site was one I created myself more than 10 years ago using the Blogger platform. About 6 years ag...
  • SCMA Fall Conference
    on Oct 13, 2015
    The Southern California Mediation Association has announced the schedule for its annual fall conference in scenic Malibu, California on November 7, 2015. This year's theme is "Conflict Revolution: Mediators as Agents of Social Change."The website des...
  • Days of DialogueI have had the opportunity recently to act as a facilitatator at a couple of the Days of Dialogue events taking place in Los Angeles this year. Taking a contentious topic--the future of policing--that has been debated around the nation in a confronta...
  • QuartetTunisia, where the Arab Spring started, is also the first country to emerge from its revolution with a genuine commitment to democracy and the rule of law. This outcome may be attributable in large part to the work of the National Dialogue Quartet, a...
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