Conflict Resolution

Advanced Problem-Solving Strategies

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I was interviewed recently by California mediator Doug Noll, on topics ranging from the business of mediation, to the decline in joint sessions, mediation confidentiality, and mediator certification. I also had a chance to trot out some of my pet theories about how to reform our justice system in general, and how mediation training is helpful in every walk of life, not just in training to become a mediator. The audio broadcast can be found here.

I really appreciated receiving this memento of a memorable year as president of the Southern California Mediation Association, at our conference in Malibu. I didn’t achieve everything I wanted to achieve. Some projects are still ongoing. But I really enjoyed my year leading an organization that performs much valuable work helping its members learn more about the field and fulfill their professional goals, and spreading the word to the public about the benefits of mediation. One of the goals that I and others have sought to instill in the organization has been to maintain a positive, cohesive, open and welcoming atmosphere within the group. I frequently found myself using whatever mediation skills I have in dealing with internal conflicts (every […]

Over the past year, I participated in a committee formed by the Southern California Mediation Association, and chaired by SCMA past president Barbara Brown, to study the question of mediator certification or regulation. We started our work without any preconceived agenda, knowing only that our organization had opposed a proposal to have mediators regulated by the California State Bar. We were against that, but we did not yet know what we were for. We knew that there were a wide range of views on this topic within our own organization, and also learned that this issue had stymied bigger organizations that ours, with the ABA Dispute Resolution Section as well as the Association for Conflict Resolution both unable to reach […]

This year’s Southern California Mediation Association conference experimented by adding an advanced track, co-sponsored by the American Institute of Mediation. The new feature enabled more experienced mediators to attend a series of workshops on topics that might be of more interest to them. This part of the conference seemed to be well received, but I will be curious to hear more reactions to it from participants.  We felt the need to offer these kinds of programs in part to expand our reach as an organization. SCMA needs to remain relevant to more established mediators as well as introducing newcomers to the field. In order to function as a true professional organization, SCMA has to offer programs of interest to those […]

Last year the California Supreme Court upheld California’s expansive protection for mediation confidentiality to bar evidence of attorney-client communications made during mediation in support of potential malpractice claims against attorneys. In doing so, however, the court practically begged the legislature to consider amending the statute to allow the use of such evidence. A bill has now been introduced in the legislature to do just that. It would amend Section 1120 of the Evidence Code, which already provides some very narrow exceptions to mediation confidentiality, to add this new exception to the general rule of inadmissibility: (4) The admissibility in an action for legal malpractice, an action for breach of fiduciary duty, or both, or in a State Bar disciplinary action, […]