Recent Posts
Thought Leadership
Hey judges: Civility is a two-way street
October 15, 2026 - Civility between lawyers, pro- fessional responsibility and anti-bias training have been an aspirational lodestar for both lawyers and judges...
Thought Leadership
Beyond the merits: The executive lens on legal disputes
September 24, 2026 - Imagine the following conversa- tions in which outside litigation counsel makes a recommenda- tion to her corporate client on how to move forwar...
Thought Leadership
Facts not in evidence: Generational blind spots in legal culture and the law’s lag
September 23, 2026 - P ublic culture, standards and norms are undergoing con- stant change, forcing the legal profession to play catch-up. One of those changes relat...
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 ...
Thought Leadership
Challenges of mediating against public entities
September 10, 2026 - Rhonda Mallory SIGNATURE RESOLUTION When a legal claim involves a pub- lic entity such as the state of California ...
Thought Leadership
Resolving Data Privacy Class Actions: Practical Lessons for Mediating Website Tracking Litigation
September 03, 2026 - American Bar Association, Litigation Section Privacy and Data Security Committee ©2021 by the American Bar Association. Reprinted with permi...
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...
Thought Leadership
Can a will discriminate when the dead hand controls the future?
July 10, 2026 - Imagine Romeo and Juliet as a probate case with two lovers from families with long-stand- ing, deep-seated animosities. Romeo’s parents, from t...
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 ...