Category Archives: Mediation

the social media problem – 230 bloody hands

So, the recent congressional hearing Big Tech and the Online Child Sexual Exploitation Crisis reminded me of social media’s ongoing saga of good, bad & ugly – both its direct impact and parallel political drama. Perhaps there’s a path forward with collaborative bills, updates to Section 230 of the Communications Decency Act, …

Continue reading the social media problem – 230 bloody hands

more anger does not equal a vision

“Sometimes being angry is easier than facing the truth.” – AppleTV+ Foundation S2E6

“Enraged & engaged.” Is it all just about anger and money (power)?

This year (2024) I’ve already got unsolicited (and somewhat puzzling) emails from novice political candidates in other, far away states. Likely cranked out by the tens of thousands from compiled, commercial mailing lists. The contents always have a dire tone.

The latest one used the political trope of “I’m a fighter,” as if any other advocacy is a cop-out. As if everything’s a smackdown. As if political worthiness is only gauged as a warrior (in a righteous cause).

Continue reading more anger does not equal a vision

‘Good’ thinking is hard work – intellectual traits

I had an interesting chat last week with a member at my health club. Not just about sports. At one point, we agreed that not knowing what we don’t know is an issue. He said, “I can tell that you’re a thinker.” [2] Is that unusual?

So, this recent article (below) caught my attention.

Continue reading ‘Good’ thinking is hard work – intellectual traits

building attitudinal acceptance – personal testimonials

“i pray in a different language now.” – AppleTV+ Foundation S1E2

In today’s milieu of polarization, is there any path to acceptance of attitudes between different groups on controversial topics? And decisions and behaviors related to health? Particularly “when logic and proportion have fallen sloppy dead.”

• phys.org > “Study shows testimonials can open acceptance to differing opinions on controversial topics” by University of Kansas (October 11, 2023) – Movies and larger productions have long known the influence of an engaging story on audiences.

Continue reading building attitudinal acceptance – personal testimonials

The overview effect

Floating in darkness
Floating in darkness

Can space travel – at least orbiting the Earth – cause cognitive shifts? Really be transformative – have lasting impact? [1]

Generally, studies note variability in the experience. And not all astronauts experience the overview effect.

(Wiki) Author [“space philosopher”] Frank White, who in the 1980s coined the term overview effect after interviewing many astronauts, …

Yaden et al. observed that cultural differences, including differences in religious and social identity, affect the ways in which the effect is experienced and interpreted. Expressions range from the religious, to the “vaguely spiritual”, to the naturalistic, to calls to social duty.

Wiki even notes that there’s some research on whether immersive virtual reality simulations might “induce the overview effect in earthbound participants.”

This Big Think article is a personal perspective by astronaut Ron Garan.

Continue reading The overview effect

Personality Is Not Evidence

An arbitration is an informal hearing. That may be why attorneys believe that they can tell the arbitrator what they think they can prove through an expert at trial. Sometimes they ask the arbitrator to use his/her expertise as a substitute for expert evidence that should have been presented. An arbitration, as informal as if may be, is still a forum for litigating factual disputes. The arbitrator cannot speculate as to the brilliant testimony of an expert nor can s/he substitute his or her judgment on issues requiring expert testimony.

Statute of Limits Trap in Uninsured Motorist Claims

The new statute of limitations on personal injury actions sets a trap for the lax personal injury practitioner in auto injury cases. The statute of limitations on a personal injury action has recently been extended to two years. Up to this recent change, it had been one year for longer than most attorneys can remember. The new Cal. Code of Civil Procedure Section 335.1 states, “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another. [EFFECTIVE 1/1/2003. Added September 10, 2002 (SB 688) (Chapter 448).]”

Experience Counts

I believe in Mediation for a very basic reason. I have seen the process at work, and it works. Like any other process it works best when you know how and when to use it. Based on my experiences with the process I believe that I can give some advise on both points. Having said that, you may ask what my experience is. The answer is that I have personally experienced mediation from all the positions you can occupy at the mediation table. As a certified mediator I have facilitated mediations. As an attorney, I have represented both plaintiffs and defendants in mediation. I have had problems of my own resolved in mediation. From this experience I have distilled five basic questions to ask to be sure that you get the most out of your next mediation experience.

Rules of the Game

Before starting an Arbitration Hearing, I have a conference with the attorneys. A principal reasons for that conference is to determine what rules the parties have agreed to follow in this arbitration. When I ask that question, in many cases, the body language of the attorneys indicates that they think I have no idea what I am asking. I go on to explain that there are many sets of rules for arbitration. The parties may, by agreement, adopt any sets of rules. I tell them that if I am going to referee a game, I need to know what game I am refereeing. There are different rules for football depending on whether it is NFL, college, or high school. Why not different rules for different arbitrations?