Recent Posts
Thought Leadership
How to pick the top dog for your mediation
September 18, 2026 - W hen you decide to adopt a dog, you do a lot of homework first. What kind of disposi- tion are you looking for? Do you want a show dog wit...
Thought Leadership
The peril of certainty in mediation, part 2
September 11, 2026 - By Greg Derin The peril of certainty in mediation, part 2 Seven ways counsel can test conviction before mediation so confidence remains useful ...
Announcement
The peril of certainty in mediation, part 1
September 04, 2026 - I detest a man who knows that he knows,” Oliver Wendell Holmes Jr. wrote to his friend and corre- spondent Harold Laski. Holmes was descri...
Announcement
Nuanced issues impacting the settlement of employment law cases: Economic damages in FEHA cases, Part 1
August 21, 2026 - Every FEHA-based employ- ment case has at least three components: the underlying factual allegations, the related legal issues and questions, an...
Announcement
Preparing clients for mediation: Meet them where they are
August 14, 2026 - A ttorneys approach media- tion in different ways. Some arrive with defined goals and negotiation strategies; others prefer to adapt a...
Thought Leadership
Bias is implicit in all AI, even legal AI
August 12, 2026 - A rtificial Intelligence (AI) is the topic of the day. From copyright infringement claims to hallucinations, it’s im- possible to byp...
Thought Leadership
A word to the wise: sayings can save a mediation
August 07, 2026 - Preparing a case for media- tion involves a long list of important activities: deter- mining proper timing, as- sessing risks, defining “wants”...
Thought Leadership
Preparing for the first procedural hearing in arbitration: What counsel should know
July 31, 2026 - Before parties arrive at arbi- tration, ready to make their cases and receive their ver- dicts, their attorneys must jump through some procedur...
Neutral Spotlight
Voices of Judiciary Halim Dhanidina
June 30, 2026 - TUESDAY, JUNE 30, 2026 If you could have argued any case in U.S. history, which one and why? If I had the chance to argue a case from our pa...
Neutral Spotlight
Voices of Judiciary John M. Pacheco
June 30, 2026 - Which moments in American legal history do you view as most consequential in shaping the modern judiciary? Marbury v. Madison (1803) was mon- u...
Thought Leadership
Principle, curiosity and the ground beneath a mediation
June 26, 2026 - T hales of Miletus is regar- ded by many as the first Western philosopher. In the Theaetetus, Plato re- lates the tale of how Thales was ...
Thought Leadership
Ethics and mediation: Communication, honesty and strategic preparation
June 12, 2026 - In a prior column on mediation ethics, I identified four core du- ties that are essential for attor- neys in civil mediation. They are providing...