Recent Posts
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 ...
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...
Thought Leadership
Deja vu: Lawyer’s mistakes might mean retrying the same PI case
June 09, 2026 - W hat could be worse than going through a lengthy, complicated personal injury trial? How about going through it a second time? That can h...
Thought Leadership
Mediating trucking claims after Montgomery
June 08, 2026 - O n May 14, 2026, the U.S. Supreme Court ruled that large freight brokers can be sued for negligently hiring unsafe motor carriers. In its una...
Thought Leadership
Daily Journal Profile: Prepared to Persist
May 29, 2026 - Prepared to Persist After nearly 30 years in alternative dispute resolution, mediator Anne Lawlor Goyette says preparation, persistence and flexibi...
Thought Leadership
Pre-mediation discovery: Get key cards on the table
May 29, 2026 - Most garden-variety per- sonal injury cases can safely proceed to medi- ation following routine written discovery and a handful of non-exper...
Thought Leadership
Daily Journal Profile: Retired judge Eddie Sturgeon emphasizes preparation, listening in mediation practice
May 22, 2026 - Retired judge Eddie Sturgeon emphasizes preparation, listening in mediation practice Former San Diego judge Eddie C. Sturgeon says empathy, flexi...
Thought Leadership
Mediating Tenant vs. Landlord Disputes: Finding the Middle Floor
May 13, 2026 - The landlord was convinced she had done everything a prudent landlord should have done to address the rodent infestation, bringing in a pest reme...