The notion that the battles of prior generations are “won” for the next – just doesn’t happen. The battles over civil rights, women’s rights, … realizing the dream of the Constitution. A long slog, a forever journey. An evolution of minds, hearts, … and habits.
And sometimes conflicts are not so much won as just left behind by succeeding generations (without necessarily any linear progress either).
Continue reading Generational battles“If there are two sides to every argument – or, more to the point, if there are people willing to take up two sides to every argument – they both must be right or, at least, equally valid.” (1)
So, on any particular subject or topic, there may be two or more opinions. Today I’d trust that no one (hmm) believes that the earth is flat (2); so, let’s rule that out as subject to opinion.
Continue reading Two sides to every argument?“Religion is in the box where science used to be. Politics is on the shelf where you thought you left science the previous afternoon. Entertainment seems to have been knocked over and spilled on everything.” – Charles P. Pierce, Idiot America (2009). Knopf Doubleday Publishing Group. Kindle Edition.
This 2012 episode of Moyers & Company is a useful take on the political culture of our times. Narratives “about fairness, capitalism, American history.” Moral foundations. Karma. Nuance. Why we’re all really good lawyers. The role of myths and fables. Fairness versus compassion. What the proper role of government is and is not.
And a call for two shared norms: ending demonization and cleaning up corruption.
Continue reading Up is down, down is upAn 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.
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).]”
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.
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?
Musings about mediation were contributed by C. David Serena, who was an attorney in the private practice of law for more than thirty years. He was certified as a mediator through the L.A. County Bar Association’s Dispute Resolution Service, and as a Court Annexed Arbitrator by the Nevada State Bar. He served exclusively as an arbitrator and/or a mediator through Judicate West.